Document 1gjQnQMw679Z7EgwJ0eab6b7d

Fox--Gonlinued from page 27 leases may allocate legal responsibility between the owner and tenant for certain dangers, and even for removal of hazards or abatement of hazardous conditions. Thus, neither owners nor tenants can assume they are im munized from responsibility without a very detailed analysis of their legal and contractual obligations. This anal ysis might include the circumstances and documentation involved in the acquisition of the property, in leasing relationships, and in the use of out side contractors. The type of liability that can be en countered is illustrated by the follow ing. In connection with a renovation project in Ttexas, 166 construction workers claimed that they were ex- posed to asbestos, and filed suit. against the owner of the project, the contractor and the professional firm involved. Although the workers merely claimed exposure, and could show ho actual injury (due to the long manifestation period of asbestosrelated disease), the workers' claims were settled at $1.6 million. Inadver tent disturbing of ACM can also cause project delays and shutdowns, as well as violations of the law. One Con necticut contractor was criminally charged with violation of the Clean Air Act for disturbing ACM during demolition of a building. Finally, in surance coverages and financing may be impaired by the presence of ACM, and certainly by its careless handling. Preventing Problems. .. In order to prevent problems, a combined legal and technical ap proach is necessary. It. must be remembered that preventing con tamination, injury and claims is con siderably less legally hazardous and less expensive than defending claims at a later date or finger-pointing in an attempt to avoid the imposition of liability. The following are some sug gestions for approaching the problem of disturbing ACM and creating hazards: 1. Become familiar with the prob lems presented by ACM and legal and technical approaches to the problems presented. 2. Determine whether hazard(s) exist and the extent of any dangers that are present or possible ("hazard assessment"). 3. Determine available options for dealing with any such danger (removal; encapsulation; enclosure; operations and maintenance pro grams; etc.) 4. Examine lease relationships to determine the allocation of respon sibility for repair and maintenance. 5. Owners and tenants should en sure that each party is aware of any potential dangers, in order to avoid inadvertent contamination of the building by disturbing ACM. 6. In-house and outside mainte nance personnel and contractors should be made aware of existing and potential dangers and the need for avoiding inadvertent contamination. 7. Notification systems for advising coLAB-Kotp A.E.C. The superior elastomeric asbestos encapsuiant coating .. proven through performance Accepted by U.S.E.P.A. for both penetrating and bridging use. Low cost and easy to apply by brush, roller or spray. Non-toxic and non-combustible. Class "A " fire rated. One Product for All Your Asbestos Problems Penetrating Bridging For friable or loose asbestos Removal & rost removal For cementitious surfaces Repairs Clean air assurance for, during, and after removals Pipes, boilers, breeching, ducts Will not alter protective properties ofasbestos For free literature or Information write or call: WESTSTAR INDUSTRIES INCORPORATED 14530 Fremont Ave., Englewood, CO 80112 (303)699-7870 48 ASBESTOS ABATEMENT MARCH/APRIL 1987 GLEASON-O01152