Indiana Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

State:
Multi-State
Control #:
US-OL10043BA
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Word; 
PDF
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Description

This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.

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FAQ

Clean Air Act (CAA) (42 USC § 7401 et seq.) This law defines the EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer and includes provisions for the EPA to set national emission standards for hazardous air pollutants, including asbestos.

Employers must ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 f/cc as an 8-hour time-weighted average (TWA). In addition, employees must not be exposed to an airborne concentration of asbestos in excess of 1 f/cc as averaged over a sampling period of 30 minutes.

No amount of asbestos exposure is considered safe, and people should always take precautions to avoid inhaling toxic dust.

Simple 6 Step Asbestos Management Guide Training. ... Confirm the Presence of Asbestos within your Premises. ... Asbestos Management Plan (AMP) ... Plan any Remedial Actions. ... Communicating the Risk. ... Ongoing Review.

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period. The employer must ensure that no one is exposed above these limits.

In 1986, OSHA in Standard 29 CFR 1910.1001 established the current permissible exposure limit (PEL) for asbestos in the workplace: (0.1 fibers/cc of air as a time weighed average) [OSHA 2012]. PELs are allowable exposure levels in workplace air averaged over an 8-hour shift of a 40 hour workweek.

The Control of Asbestos Regulations CAR 2012 cover all aspects of this area, along with their various guidance documents. For commercial landlords the responsibility for the management and disclosure of asbestos details lies generally with the landlord in the UK, or the tenant, based on the lease drawn up.

How much asbestos is dangerous? No amount of asbestos is considered safe. Products that contain greater than 1 percent of asbestos minerals are considered to be asbestos-containing. The more asbestos you are exposed to, the more likely you are to get an asbestos disease.

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Indiana Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations