Three Areas of Liability Contractual Regulatory Tort The

Three Areas of Liability Contractual Regulatory Tort

The Abatement Work Site Regulatory Requirements and Safety Issues

OSHA • OSHA regulates by Class of Work • The Class of Work is determined either by the type of ACM, the type of work being performed, or both • There are four (4) Classes of Work • The Class of Work does not change regardless of the condition of the ACM

Methods of Compliance • • HEPA Vacuums Wet Methods (amended water) Prompt Clean-up Leak-tight Containers The above are required regardless of the Class of Work being performed.

Prohibitions • • No High Speed Abrasive Disc Saws No Compressed Air No Dry Sweeping or Dry Clean-up No Employee Rotation The above are prohibited regardless of the Class of Work being performed.

Class I Work • The removal of TSI and Surfacing. – OSHA’s definition of Surfacing is limited to two materials, “popcorn” or acoustical ceiling texture and fireproofing. – The classification does not change regardless of the condition of the material or the type of facility it is being removed from, i. e. . residential, commercial, industrial, schools, etc.

Spray applied fireproofing

Thermal System Insulation (TSI)

Class I Requirements • AHERA Certified Supervisors and Workers - Full PPE at All Times • Negative Pressure Enclosure (NPE) - Isolation of the HVAC System - Critical Barriers - Impermeable drop-cloth - Negative Pressure - Proper Air Management • Glove Bag • Mini-enclosure • Alternative Control Methods - CIH or PE who is also a Project Designer

The area must be regulated before any disturbance of ACM

Non-movable items remaining in the work area must be sealed to prevent contamination.

Negative air machines are used to create negative pressure in the work area. The exhaust is HEPA filtered. Four (4) air changes per hour are required at a minimum.

Monometer on the negative air control panel is used to measure filter life. Not negative pressure within the NPE At 2” W. C. the primary and/or secondary need to be replaced, if pressure does not drop, the HEPA needs replacement.

AIR MANAGEMENT • OSHA requires that air movement be managed so that it is away from the workers (Do not allow work down-wind from the removal). • Proper management also requires that work progresses in a planned pattern from the source of make-up air, and toward the exhaust units. Clean-as-you-go, production records, and planning are the benefits.

A -0. 02”WC must be maintained as a pressure differential, at a minimum NEGATIVE PRESSURE Positive pressure Minimum -0. 02”wc Pressure differential recorder Minimum 4 air changes per hour

A minimum of -0. 02 column inches of water pressure differential must be maintained within the NPE as evidenced by manometric measurements.

3 Station Decon CLEAN ROOM SHOWER WORK EQUIPMENT OR DIRTY ROOM AREA

Dumpsters attached to the NPE.

Workers within the work area wearing full PPE. Waste is wetted and promptly cleaned-up as it is generated.

Waste is loaded into lined dumpsters while wet.

Or into some other leak-tight container. All containers must be properly labeled.

Waste must be disposed of at an approved landfill. Waste Shipment Records (WSR) must accompany the waste and be signed by the waste disposal site.

AHERA FINAL CLEARANCE (The only regulatory reference standard) TEM Clearance Required Quantity TEM 70 s/mm 2 160 s. f. or 260 l. f. Response action TEM or PCM Clearance Required Friable or TSI or “asbestos abatement” PCM 0. 01 f/cc or Class I or II Work 1 Glovebag, 1 waste bag Non-Response Action Non-Friable (Any amount) Clearance Not Required Small scale, short duration or Maintenance work or Class III Work Quantity

A Comparison Of Air Sampling Analysis PCM • Optical • Cost: • Turnaround: TEM Electron $ $$$$$ Fast • Number of samples: 5 • One sample fails clearance • Not ACM Specific • Reporting: f/cc Slow 13 Average samples ACM Specific s/mm 2 • Clearance: 0. 01 f/cc 70 s/mm 2 • Power: 400 100, 000’s • Sees <5% of Asbestos Sees All Asbestos

Air Sampling • Permissible Exposure Limit TWA: 0. 1 f/cc (480 min) EL: 1. 0 f/cc (30 min) • Cassettes Mixed Cellulose Ester (MCE) 25 Millimeter Diameter 50 Millimeter Extension • Breathing Zone (4 inches) • Flow Rate of 0. 5 – 2. 5 LPM (personal), 8 -12 LPM (Clearance) • Cassette Sloped downward at least 45 degrees • Pump is calibrated before and after sampling

Air Monitoring Personal Clearance To prove no employee exposure above the PEL To prove an area of recent abatement is safe for reoccupancy Required by OSHA for all Classes or Work Required in AHERA facilities at the completion of response actions

Glove bags may also be used to contain areas of asbestos abatement.

Class II Work • The removal of ACM that is not TSI or surfacing. – This includes, but is not limited to the removal of • • Wallboard Floor Tile and Sheeting Roofing and Siding Shingles Built-up or Rolled Roofing Mastics Asbestos Cement Pipe Ceiling Tiles Etc.

Class II Requirements • Certified Supervisor and Trained Employees • NPE Indoors w/o NEA and when Non-intact • Specifications for: - Vinyl and Asphalt Flooring - Roofing Material - Asbestos-containing Cement Siding, Shingles and Panels - Gaskets - Any Other Class II Materials • Alternative Controls for Class II Materials

Class III Work • Disturbance level activities such as repair or maintenance, small scale/short duration. Includes disturbance of TSI and Surfacing – Maintenance or Small Scale/Short Duration is defined as an amount no greater than which can be contained in one standard sized glove or waste bag that does not exceed 60 inches in length and width. – Class III Work would include single glove bag operations, minor repairs and alterations, bulk sampling operations, etc.

Class IV Work • Maintenance and custodial activities during which employees contact but do not disturb ACM. Activities to clean up dust, waste and debris resulting from Class I, II and III work. – OSHA regulates all work even when an employee will not physically disturb ACM. – Contact with no disturbance is considered work under the OSHA Standard – All Classes of Work require trained employees and a Competent Person to oversee those employees.

OSHA Training Requirements Class of Work Employee Competent Person Class I 32 Hour AHERA Certified Worker 40 Hour AHERA Contractor/Supervisor Class II 8 Hour OSHA Specific Training 40 Hour AHERA Contractor/Supervisor Class III 16 Hour O&M Training 2 Hour Awareness 16 Hour O&M Training Class IV

EPA NESHAP Training • The Asbestos NESHAP states that: – No RACM shall be stripped, removed or otherwise handled or disturbed in a facility unless at least one on-site representative trained in the provisions of this regulation is present (paraphrased) – EPA has stated that the Trained On-site Representative is an individual trained as an AHERA Contractor/Supervisor

Worksite Safety

Stairways and Ladders

Handrail and Top Rail Strength Rails must be able to withstand a force of 200 pounds

Handrails Stairways with four or more risers, or higher than 30 inches, must be equipped with at least one handrail. The stairway to this platform has more than 4 risers and is not guarded. The platform requires guarding.

General Ladder Requirements Ladders must be kept in a safe condition -- DO – Keep the area around the top and bottom of a ladder clear Ensure rungs, cleats, and steps are level and uniformly spaced Ensure rungs are spaced 10 to 14 inches apart Keep ladders free from slipping hazards

General Ladder Requirements Use ladders only for their designed purpose -- DON’T – Tie ladders together to make longer sections, unless designed for such use Use single rail ladders Load ladders beyond the maximum load for which they were built, nor beyond the manufacturer’s rated capacity

Ladder Angle Non-self-supporting ladders: (which lean against a wall or other support) Ø Position at an angle where the horizontal distance from the top support to the foot of the ladder is 1/4 the working length of the ladder

Ladder Rail Extension When using a portable ladder for access to an upper landing surface, the side rails must extend at least 3 feet above the upper landing surface

Electrical Safety Construction

Hazard - Inadequate Wiring • Hazard - wire too small for the current • Example - portable tool with an extension cord that has a wire too small for the tool – The tool will draw more current than the cord can handle, causing overheating and a possible fire without tripping the circuit breaker – The circuit breaker could be the right size for the circuit but not for the smaller-wire extension cord Wire Gauge WIRE Wire gauge measures wires ranging in size from number 36 to 0 American wire gauge (AWG)

Control – Use the Correct Wire • Wire used depends on operation, building materials, electrical load, and environmental factors • Use fixed cords rather than flexible cords • Use the correct extension cord Must be 3 -wire type and designed for hard or extra-hard use

Control – Cords & Wires • • Insulate live wires Check before use Use only cords that are 3 -wire type Use only cords marked for hard or extra-hard usage • Use only cords, connection devices, and fittings equipped with strain relief • Remove cords by pulling on the plugs, not the cords • Cords not marked for hard or extrahard use, or which have been modified, must be taken out of service immediately

Hazard – Improper Grounding • Tools plugged into improperly grounded circuits may become energized • Broken wire or plug on extension cord • Some of the most frequently violated OSHA standards

Control – Use GFCI (ground-fault circuit interrupter) • Protects you from shock • Detects difference in current between the black and white wires • If ground fault detected, GFCI shuts off electricity in 1/40 th of a second

Power Tool Requirements • Have a three-wire cord with ground plugged into a grounded receptacle, or • Be double insulated, or • Be powered by a low-voltage isolation transformer

Temporary Lights Protect from contact and damage, and don’t suspend by cords unless designed to do so.

Lockout and Tagging of Circuits • Apply locks to power source after de-energizing • Tag deactivated controls • Tag de-energized equipment and circuits at all points where they can be energized • Tags must identify equipment or circuits being worked on

Preventing Electrical Hazards - PPE • Proper foot protection (not tennis shoes) • Rubber insulating gloves, hoods, sleeves, matting, and blankets • Hard hat (insulated nonconductive)

Scaffolds

Hazards Employees working on scaffolds are exposed to these hazards: • Falls from elevation – caused by slipping, unsafe access, and the lack of fall protection • Struck by falling tools / debris • Electrocution – from overhead power lines • Scaffold collapse - caused by instability or overloading • Bad planking giving way

Guardrails Install along open sides & ends Front edge of platforms not more than 14 inches from the work, unless using guardrails and/or PFAS Top rails - 38 to 45 inches tall Midrails halfway between toprail and platform Toeboards at least 3 -1/2 inches high

Personal Fall Arrest Systems (PFAS) You must be trained how to properly use PFAS include anchorage, lifeline and body harness.

Scaffold Height 20’ 5’ The height of the scaffold should not be more than four times its minimum base dimension unless guys, ties, or braces are used

Scaffolding General Requirements • Must be capable of supporting four times the maximum intended load • Do not alter or move while in use • Protect workers on scaffolds from overhead hazards • If higher than 10 ft. , use guardrails, midrails and toeboards (71/2 ft or higher) • Use wire mesh between the toeboard and guardrail if people work or pass underneath • Must be equipped with access ladder or equivalent

Fall Protection Planning Lanyards and PFAS in use Fall protection systems and work practices must be in place before you start work.

Personal Fall Arrest Systems • You must be trained how to properly use PFAS. • PFAS = anchorage, lifeline and body harness.

Safety Line Anchorages Must be independent of any platform anchorage and capable of supporting at least 5, 000 lbs. per worker

Guardrails Top Rail Mid- Rail Toeboard • Top rails between 39 and 45 inches tall • Toeboards at least 3 1/2 inches high

When Fall Protection is Needed • • Walkways & ramps Open sides & edges Holes Concrete forms & rebar • Excavations • • Roofs Wall openings Bricklaying Residential Construction

Calculations See Handout