Are you aware of the potential legal pitfalls that come with improper handling and disposal of asbestos? Several agencies regulate asbestos exposure for different groups of people in the United States:
Workers – OSHA
The Occupational Safety and Health Administration (OSHA) is the primary agency responsible for protecting workers from asbestos exposure25. OSHA has established:
- Permissible exposure limits (PEL) for asbestos in the workplace
- Requirements for employers to provide protective equipment and training
- Regulations for labeling areas with high asbestos levels
- Standards for medical surveillance of at-risk workers
General Public – EPA
The Environmental Protection Agency (EPA) is responsible for protecting the general public and the environment from asbestos exposure13. The EPA:
- Enforces laws regulating asbestos use and disposal
- Implements the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP)
- Recently finalized a rule prohibiting the manufacture, import, and use of chrysotile asbestos
School Children – EPA
The EPA also plays a crucial role in protecting school children from asbestos exposure through:
- The Asbestos Hazard Emergency Response Act (AHERA), which requires regular inspections and management plans for asbestos in schools
- Recognizing that children may be at greater risk due to their physical characteristics and behavior
Additionally, the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) have roles in regulating asbestos in consumer products and food/drugs, respectively.
These agencies work together to create a comprehensive regulatory framework aimed at minimizing asbestos exposure across different population groups.
Each of these agencies, along with your state’s departments of health or environment, can impose penalties or restrictions if you don’t follow the rules.
Legal Consequences of Non-Compliance
What are the legal ramifications of improper asbestos handling & disposal and why is strict adherence to regulations essential?
Notice of Violation and Cease-and-Desist Order
In Colorado, the Colorado Department of Public Health and Environment (CDPHE) has the authority to issue a notice of violation and order immediate cessation of any activities disturbing asbestos. This serves as a warning to rectify the situation promptly.
Legal Action
If the violator disregards the notice of violation, in Colorado, the CDPHE can escalate the matter by filing an action in district court to compel compliance. This legal recourse aims to enforce adherence to regulations and protect public health.
In an absolutely heartbreaking case in Tennessee:
“…Tennesseans Doug and Donna Satterfield won the judgment of the Tennessee Supreme Court after a long series of asbestos court battles against the aluminum manufacturer Alcoa. The Satterfields claim workplace asbestos took the life of their daughter by mesothelioma, an asbestos-caused cancer. Alcoa apparently avoided OSHA regulations by allowing employees exposed to asbestos to take home their exposed work clothes and, according to the lawsuit, Alcoa employees were never told they were working with asbestos. It wasn’t until years later when his daughter at age 23 was dying of the rare asbestos cancer was that Mr. Satterfield realized he’d exposed his newborn daughter’s delicate lungs and digestive system to asbestos whenever he rocked her in his arms after work.” Full article, and the outcome of their lawsuit lives here.
Significant Fines
Depending on the severity of the violation, the danger posed to public health, and other factors such as willfulness and duration, CDPHE can impose hefty penalties of up to $25,000 per day. These fines are intended to deter future violations and ensure accountability. OSHA also has a fine structure for abatement firms who disregard the law.
According to the Asbestos Information Brochure from the State of Tennessee, they can also impose a penalty of $25,000 per day for improper handling or disposal.
FYI: TENNESSEE IS AMENDING IT’S ASBESTOS RULES!
https://publications.tnsosfiles.com/rules_filings/02-17-25.pdf
Potential Jail Time
In egregious cases of non-compliance, property owners (or abatement professionals) may face criminal charges and potential jail time. In 2007 a man in Denver received 6 months jail time for the improper storing of the material, running afoul of the Clean Air Act. The possibility underscores the seriousness of asbestos-related offenses.
Costly Asbestos Spill Cleanup
Improper disturbance of asbestos without adequate testing can lead to an asbestos spill, necessitating extensive and expensive professional remediation and cleanup efforts. These cleanup costs can quickly escalate, adding to the financial burden of non-compliance. The Consumer Product Safety Commission offers guidance for homeowners and renters about asbestos.
Failing to conduct required asbestos inspections and testing before renovation or demolition projects can have far-reaching consequences. Not only does it pose risks of asbestos exposure and environmental contamination, but it also exposes individuals and entities to substantial legal liabilities. Therefore, strict adherence to federal and state asbestos regulations is paramount to avoid these severe consequences.
Prioritizing safety and compliance with asbestos regulations is not just a matter of legality but also a crucial step in safeguarding public health and environmental integrity. By understanding and adhering to these regulations, we can mitigate the risks associated with asbestos exposure and ensure a safer environment for all. Stay informed, stay compliant, and stay safe!
*While we aim to offer informative and correct content, please note that we are not legal experts. If you have concerns about the law, penalties or anything else, we recommend consulting a qualified attorney specializing in asbestos law.
Call to Schedule an Asbestos Test or with Questions
