I am concerned for building owners and managers in this market because the apparent strategy to managing asbestos in buildings is more reactive than proactive. Some could say there is no strategy at all. Did you know that EVERY demolition or renovation project in the State of Indiana requires a pre-work inspection by a licensed asbestos building inspector? Have you or your company ever performed a tenant improvement or demolition project without first having it inspected? (Don’t worry–your answer is between yourself and the article you are reading.)

I know the excuses for why upfront asbestos inspections are not done. You (or one of your employees) can tell whether a material contains asbestos just by looking at it. Sorry, but there are only two ways to determine whether a building material contains asbestos: by having it analyzed by a laboratory or by an architect’s affidavit stating that the material does not contain asbestos. (Good luck with the latter.) Perhaps your building is so new that you think there is no way that asbestos can be present. Well, shoot the messenger, but the Indiana Department of Environmental Management says, “All facilities (except residential buildings that have four or fewer dwelling units) must be inspected by an Indiana licensed asbestos inspector prior to the commencement of demolition or renovation activities.” Lastly, maybe you just don’t want to pay for the inspection to be done because there is little chance that you will get caught. I could fill up the rest of this newsletter with horror stories of such risky thought, but for the sake of time, just know that failure to comply with the City of Indianapolis’s asbestos regulations can result in fines of up to $10,000 per day per violation. In addition, failure to comply with state and federal regulations can result in fines of up to $27,500 per day per violation. Like I said, my services do not make my clients money, but they sure can save my clients a lot of it. 
The other problem I see is that many building owners fail to comply with the OSHA requirement that they must identify asbestos-containing thermal system insulation, sprayed or troweled-on surfacing material, and asphalt and vinyl flooring that was installed in buildings no later than 1980. This identification can come in the form of confirming that a material contains asbestos by laboratory analysis or by presuming a “suspect” material contains asbestos without sampling. Both activities require the services of a licensed asbestos building inspector. The building and/or facility owners are then required to notify the following people of the presence, location, and quantity of confirmed or presumed asbestos-containing materials:

• Prospective employers applying or bidding for work whose employees can be expected to work in or adjacent to areas containing such material
• Employees of the owner who will work in or adjacent to areas containing such material
• On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials
• Tenants who will occupy areas containing such material
• Employers of any employees performing housekeeping activities in areas that contain such materials

There you have it. Two simple requirements: 1) In buildings constructed no later than 1980, you should retain a licensed asbestos inspector to identify (via sampling or assumption) asbestos-containing materials and convey this information to the proper occupants and visitors and 2) For any demolition/renovation project in any building, you should retain a licensed asbestos inspector to perform a pre-demolition/renovation inspection. Proactive clients of mine understand that the money they invest to cover these requirements pales in comparison to the additional costs and headaches associated with reacting to an asbestos crisis. So, I finish with a question: How proactive are you at following these simple requirements?