Written by: Terry
Hello again, and thanks for your interest in such a controversial topic. If you’re reading this, my guess is you’re a property owner, manager, or someone who helps one of the above get their lives and businesses back together through a vehicle we call insurance.
No doubt, you’ve all heard about asbestos, have your personal opinions on it, and just wish it would go away!
I’m like you; I just wish it would go away too. I grew up in small town Iowa, tearing down all kinds of structures with my dad, then working for State Farm and Allstate Insurance in property claims from 1994-2000, where there was little if any, talk about asbestos. I’ve worked on or have inspected hundreds of buildings, and have inhaled the nasty little fiber on numerous occasions. The presence of asbestos slows down Blu SKY projects, and it costs all of us a lot of money handling testing, spills, and abatement properly.
To this day, I see and hear all kinds of complaints and misconceptions surrounding asbestos and the proper testing and handling protocols, so my goal today is to shed some light on asbestos, to help you understand the implications of dealing with it, and to ultimately keep you, your company, and my company safe & out of legal trouble.
Asbestos, Asbestos Testing, Asbestos Abatement, and Employee and Occupant Protection are not going away in our lifetimes. If anything, regulations are only going to get stronger.
The CBC News reported on November 24, 2011: A shutdown at Quebec’s Lac d’amiante du Canada operation in Late 2011 marked a historic moment for Canada’s once-mighty asbestos sector, which has come under increasing scrutiny as science has linked the mineral to serious health issues such as lung disease and cancer known as Asbestosis and Mesothelioma.
Still, proponents of the industry insist it’s way too early write the obituary on Canadian asbestos; they’re hoping to start digging again as soon as spring 2012. The stoppage at the Lac d’amiante du Canada operation in Thetford Mines, Que., followed a production halt at the Jeffrey Mine in Asbestos, Canada earlier in 2011. Still, although the controversial mineral was removed from inside Parliament buildings over health concerns, Prime Minister Stephen Harper has backed Canada’s asbestos industry saying, “The Canadian government will not put Canadian industry in a position where it is discriminated against in a market where sale is permitted”. More Canadians now die from asbestos than all other industrial causes combined, experts say.
Canadian asbestos represented 85 per cent of world production in the early 1900s and the country’s annual production peaked at 1.69 million metric tons in 1973, according to the U.S. Geological Survey. Canada produced around five per cent of the world supply in 2010 and just 100,000 metric tons, the USGS says.
Epidemiologists calculate that there are 1,500 asbestos related deaths a year in Mexico, a country which imported 3.6m dollars worth of Chrysotile from Canada in 2008. In 2009, 2 million tons of asbestos were mined worldwide: Russia (50%), China (14%), Brazil (12.5%), and Canada (9%).
In addition, The Center for Public Integrity reported on July 21, 2010; Deaths from asbestos related illnesses and mesothelioma may reach 15,000 by 2035. It’s the price China will pay for buying the world’s top asbestos consumer. In 2007, China used 262,000metric tons of the raw fiber, more than twice that of the next customer.
Asbestos is only banned or restricted in 52 countries throughout the world. Can you believe it? Asbestos is still being mined all over the world in 2012!
Guess where the asbestos containing materials end up? That’s right, all over the world, including in the US.
There are asbestos containing materials that get by US inspectors every day and you can still find asbestos containing materials on the shelves of US Building Suppliers, according to Jeffrey Adams, with the Colorado Department of Health and Public Education. While not frequent, we find asbestos in newly constructed buildings.
While asbestos is primarily found in buildings constructed before 1984, you cannot rely on that date to stay safe and out of trouble. In fact, more and more regulations, including the State of Colorado, California, and others require that building materials be tested regardless of the date of construction.
The EPA, OSHA, and State Health and Safety Departments require owners, managers, and contractors to follow strict testing and abatement protocols to protect building occupants and workers. While it is important to know and follow the laws of your state, building occupants and employees are well aware of asbestos and the health effects of exposure. They are educated, and they are not going to let the issue slide.
We often get asked to ignore asbestos, especially small areas of demolition, but I have to ask: What is the risk of the building owners, occupants, and/or employees (ours and yours) presenting claims for damages related to exposure and clean up if an asbestos spill occurs? How are you going to explain that decision to your boss? To the jury? To OSHA or The EPA? The fines and damages, especially punitive damages are just not worth it. And who really wants to put people at risk anyway?
Look at this example; in 2006, the State of California sued one of the country’s largest apartment owners, Archstone Smith, for 40 million dollars, alleging it improperly removed asbestos containing materials at one San Jose apartment complex. California further alleged that Archstone knew about the asbestos, but allowed and directed maintenance personnel to perform work anyway, endangering themselves and the building occupants on more than 48 occasions. I’m sure you have seen or heard similar headlines yourself. If you’re still not convinced asbestos is for real, Google “asbestos fines”.
So, what are we to do? I recommend training your employees on the laws and protocols in your state. There are many resources available for training including Indoor Air Experts/Industrial Hygienists, Abatement Contractors, and Department of Health inspectors. You should implement Best Practices, that are in alignment with the laws of your state, and you should double check your contracts and insurance coverage. Your Insurance Broker and Attorney can provide plenty of insight and risk protection in this area.
You should also consider multiple asbestos tests at every property you own or manage and then carefully consider you need a pollution and ordinance endorsement. We see a lot of customers that didn’t think their properties contained asbestos, who end up paying for asbestos abatement out of pocket when damage occurs. You could be facing asbestos abatement costs in excess of 1 million dollars, should an entire building or property be affected by a disaster.
Remember, better safe than sorry & always better to plan for the worst and hope for the best!
Until Next Time,
Terry Shadwick, CEO