Many older homes and apartment buildings contain lead and asbestos. Owners sometimes downplay the health hazards these substances pose to humans and the environment. Some bypass the rules by removing these contaminants undercover — hoping that no one finds out.
Failure to comply with laws on the removal of these hazards can lead to health problems for workers and tenants alike. In addition, there are hefty penalties — even potential jail time — for those who ignore the law.
Case Studies
In a widely publicized case in 2018, a West Hollywood apartment complex was shut down after a South Coast Air Quality Management District inspector found asbestos at a construction site following an anonymous tip. L.A. fire and hazmat officials formally decontaminated more than 15 units, whose inhabitants were ordered to vacate the building and leave everything behind, even their cars. A criminal investigation ensued.
In another case, a federal appellate court in Chicago in 2013 upheld a lower court’s 10-year prison sentence for a sprinkler contractor who removed asbestos from piping without the proper training or licensing, and disposed of the material in dumpsters and abandoned farmhouses.
Figures for 2020 showed that the EPA opened 247 criminal investigations (despite limitations during the pandemic). Criminal cases in 2019 resulted in a 94% conviction rate among those brought to trial, the EPA reported.
What does the law require?
Asbestos is a dangerous carcinogen, and exposure to high levels of lead can cause anemia, weakness and kidney and brain damage.
There are many laws regulating the testing and treatment of asbestos, lead and other potential hazardous materials used in older structures, particularly those built prior to 1979.
Whenever asbestos or lead are found, state, local and Environmental Protection Agency offices must be notified. The National Emission Standards of Hazardous Air Pollutants require work areas be sealed off and that waste be disposed at a hazardous materials facility. The Occupational Safety and Health Administration mandates strict safety protocols for workers, who are at risk of cancer, kidney and lung problems, even death when exposed.
It Pays to Do Things Right
Selecting the right contractor for dealing with environmental issues and other unexpected twists that may arise during construction of building renovations, seismic retrofits and other projects will help ensure that laws and safety protocols are followed. Doing so protects building owners and management companies from liabilities associated with the improper handling and disposal of toxic substances.
Generally speaking, a reputable company with a solid track record and decades of experience like Optimum Seismic is going to follow the letter of the law. And, in the rare instance where something is not done right, that company — based on its name and solid reputation in the industry, its licensure and bonded status — is going to assume responsibility for its actions.
A fly-by-night company, one more likely to bypass regulations in order to slip in a lower bid on a project, probably won’t stick around if legal problems arise.
Protect yourself by making sure you select a contractor who will follow the law, do the job right, and deliver your project on time and on budget.
Call Optimum Seismic at 833-978-7664 for more information
