Asbestos Hazards in Disaster Recovery Industry: Avoid Harm and Liability by Complying with Asbestos Regulations


David M. Governo and Colin N. Holmes were recently asked to write an article on asbestos issues for the disaster recovery industry. We are pleased to report that part two of our two-part article has been published in the May 2014 issue of Cleaning and Restoration magazine, entitled "The Letter of the Law: Asbestos Regulatory Guidance for the Restoration Industry, Pt. 2." Part one of the article provided an overview of the complicated federal regulations that govern the cleaning and restoration industry. Part two focuses on Massachusetts regulations as a case study to explain the types of state rules that exist. Massachusetts regulates asbestos exposure in buildings chiefly through the Massachusetts Department of Environmental Protection (MassDEP) and The Massachusetts Division of Occupational Safety (DOS) in the Department of Labor Standards.

State and federal regulations frequently overlap and contractors must examine the state rules carefully, as they can differ from their federal counterparts and sometimes include more stringent requirements. For example, the MassDEP imposes addi¬tional notification requirements and worker safety protection rules not required by the Environmental Protection Agency. Mr. Governo and Mr. Holmes warn that contractors must comply with both federal and state requirements when working at jobsites where asbestos-containing materials may be present or risk significant potential civil penalties and even criminal liability. It is imperative for such businesses to familiarize themselves with the existing regimes and regulations to ensure compliance.

You may view part 2 of the article in PDF format here. You may view part 1 of the article in PDF format here. To learn more about how federal and state asbestos regulations can affect you, please contact David M. Governo at [email protected] or Colin N. Holmes at [email protected].