Once touted as a miracle product, asbestos was mined, added into countless building materials, and spread across North America in the one place we expect to feel the safest: our homes. But how do you know if this microscopic particle is putting you or your workers at risk?
Drywall itself generally does not contain asbestos; however, the drywall mud used around the seams of drywall often did. As a result, it is difficult to remove drywall, even non-containing drywall, without also disturbing potentially asbestos-containing drywall mud. Further, even for small sections of drywall, it can be hard to identify whether that section includes drywall mud, as mud would be on screw or nail heads across the sheet.
First: assume all materials are hazardous until you know they are not.
Second: hire a qualified person to conduct an inspection, collect representative samples as required, and have those samples tested by a qualified person before any work starts. Ensure that you review and comply with all applicable regulations.
Third: stop work if a previously unidentified material is discovered during the work. Ensure a qualified person returns before that newly discovered material is disturbed.
In British Columbia, employers and workers are regulated by the Workers Compensation Act and the Occupational Health and Safety Regulation. There are numerous requirements under each that can apply to working with asbestos or other hazardous materials. Of those, section 20.112 of the Occupational Health and Safety Regulation is one that every employer doing any form of renovation or demolition work, as well as building owners hiring such employers, should be familiar with.
Under section 20.112, any employer involved in demolition or renovation work, and the owner of the building being worked on, must ensure that a qualified person conducts an inspection of the workplace for potential hazardous materials before demolition or renovation work commences, and produces a report of the findings.
Where asbestos or other hazardous materials are identified, they must be safely removed using procedures accepted by WorkSafeBC before other work can take place.
Allowing work to take place that disturbs potentially hazardous material without the required procedures in place is considered a “designated high-risk” violation by WorkSafeBC, meaning any employer found to have committed such a violation can be considered for an administrative penalty. Such penalties can be steep.
Call us. Graeme Hooper has acted for numerous clients alleged to have violated asbestos regulations. His results include successfully overturning penalties as well as substantially reducing others. Graeme also represents employers working in the asbestos industry facing injunction proceedings brought by WorkSafeBC.
Find out more about appealing a WorkSafeBC penalty.
