Many buildings have or may become contaminated by the release of asbestos from building products such as fireproofing, acoustical plaster, floor tiles, ceiling tiles, pipe insulation and other materials. An owner of a building that may contain asbestos must therefore answer several questions to make sure the building is safe. Does the building contain asbestos? Is the asbestos friable, meaning it can be pulverized and crumbled by hand pressure? Is the product damaged? Has the product released respirable asbestos fibers? Are workers or other occupants in the building exposed to fibers and if so, how? Should the material be removed and if so, when and how? (The above photo is an example of sprayed asbestos fireproofing on a building's structural steel.)

Homeowners should also be aware that certain products in the home may contain asbestos. For example, before 1978 many joint compound products used on wall board contained asbestos. Some homes may have asbestos-insulated pipes, transite sheeting or other products. Vinyl flooring often contained asbestos in the backing. We have represented owners of a home contaminated with asbestos by the improper removal of vinyl flooring. In that instance, the homeowners were forced to move out until the home could be cleaned. Care should be taken if the products must be disturbed.

Without attempting to list all regulations and laws on asbestos, it is important to know that the United States Environmental Protection Agency (EPA) has established regulations governing the safe handling and removal of asbestos from buildings. The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor has set up permissible exposure guidelines for asbestos. Likewise, many states have passed statutes or regulations governing the safe use and handling of asbestos in buildings. Both the EPA and OSHA have also published guidebooks which can help building owners deal with issues concerning asbestos in buildings.

A building owner who allows asbestos to be removed without following proper state and federally mandated precautions may be subject to civil and criminal penalties. Likewise, if an owner operates his/her building without taking adequate safeguards to prevent employees and other building occupants from being exposed to asbestos and a disease does occur, that owner could be subject to civil liability.

The lawyers at Humphrey, Farrington & McClain have represented owners of schools, commercial high-rise buildings, hospitals, airports, auditoriums, homes and other buildings across the United States in actions against the manufacturers of asbestos-containing products. In these matters, we sought the costs of removal and of maintaining the building in a safe condition until removal. We are familiar with experts in the field, including industrial hygienists, laboratories, architects, abatement contractors and others who can offer specific advice about your building.