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

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

Ohio is a state that takes the issue of asbestos seriously, and it has specific clauses dealing with asbestos and the landlord's obligations when it comes to remediation during initial alterations. These clauses are put in place to protect tenants and ensure their safety from the hazards associated with asbestos exposure. One important Ohio clause dealing with asbestos is the "Ohio Revised Code § 3781.10—- Notice to Tenant." According to this clause, if a landlord plans to begin any construction, repair, or alteration work that may disturb asbestos-containing materials, they must provide written notice to the tenant at least 10 days in advance. This notification allows tenants to take necessary precautions or vacate the premises during the renovations to avoid potential asbestos exposure. Another relevant clause in Ohio is the "Ohio Administrative Code § 4101:8-11-05—- Asbestos requirements." This regulation mandates landlords to follow specific guidelines established by the Ohio Environmental Protection Agency (EPA) when dealing with asbestos during initial alterations. Landlords must ensure compliance with proper asbestos management procedures, including inspections, reports, and removal or encapsulation of asbestos-containing materials by certified professionals. Furthermore, landlords in Ohio are obligated to hire licensed professionals to perform any activities that involve asbestos during initial alterations. These professionals must have the necessary certifications and undergo proper training to handle asbestos safely. They should follow all regulations set forth by the Occupational Safety and Health Administration (OSHA) and the EPA to minimize the risk of asbestos exposure for occupants and workers in the building. Asbestos, if disturbed or deteriorated, can release asbestos fibers into the air, which can be inhaled and lead to serious health complications like lung cancer, asbestos is, and mesothelioma. Therefore, Ohio's clauses and regulations are designed to protect tenants from these risks by ensuring that landlords take proactive measures in handling and remediating asbestos-containing materials during initial alterations. In summary, Ohio has specific clauses, such as the "Ohio Revised Code § 3781.10—- Notice to Tenant" and "Ohio Administrative Code § 4101:8-11-05—- Asbestos requirements," that deal with asbestos and outline the obligations of landlords during initial alterations. These clauses aim to protect tenants from asbestos exposure by requiring proper notifications, adherence to asbestos management procedures, and the employment of certified professionals. By enforcing these regulations, Ohio strives to maintain safer and healthier living environments throughout the state.

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FAQ

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.

OSHA: The legal airborne permissible exposure limit (PEL) is 0.1 fiber/cc (fiber per cubic centimeter) averaged over an 8-hour workshift and 1 fiber/cc, not to be exceeded during any 30-minute work period.

Medical clearance and respirator training are also required (29 CFR 1910.134). Disposable respirators or dust masks are not appropriate for avoiding asbestos exposure. Further information concerning respirators can be found on the NIOSH and OSHA web sites.

Exposure to a small amount of asbestos just one time might not result in the victim inhaling or swallowing enough dust for health issues to arise. It typically takes millions of microscopic asbestos fibers to accumulate in a person's lungs to damage the tissues and cause diseases.

The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child ...

The quantitative working range is 0.04 to 0.5 fiber/cc for a 1000-L air sample. The limit of detection (LOD) depends on sample volume and quantity of interfering dust, and is <0.01 fiber/cc for atmospheres free of interferences.

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.

Asbestos liability means a company is legally responsible for injuries resulting from asbestos exposure. If a court finds a company liable for asbestos exposure related injuries, the individual who was injured may be able to recover damages.

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Oct 9, 2021 — (P) "Asbestos hazard abatement worker" means the person responsible in a nonsupervisory capacity for the performance of an asbestos hazard ... The regulations require that contractors do several things, such as provide a notification, conduct thorough inspections to determine the presence of asbestos, ...Oct 10, 2023 — This page provides a listing of the laws and regulations pertaining to asbestos implemented by the EPA and certain other federal agencies. Feb 7, 2022 — First, if the materials containing asbestos are in good shape (i.e. not deteriorating) and positioned somewhere where they will not be disturbed ... Oct 18, 2023 — Landlords have obligations to protect tenants from hazards such as asbestos, lead, mold, radon, carbon monoxide, and bedbugs, although their ... by MJ Glazerman · 1987 · Cited by 16 — An exculpatory clause in a lease acts to release the landlord from liability ... Landlords should not necessarily be required to remove all asbestos at once ... Aug 8, 2023 — This page provides information on federal requirements for the renovation and demolition of buildings that contain asbestos. After the initial determinations required by paragraph (d)(2)(i) of this section, samples shall be of such frequency and pattern as to represent with reasonable ... Emergency asbestos abatement projects require notification by phone, fax, or mail prior to starting the projects. Please call for approval and instructions on ... Question: Our landlord has not complied with A.R.S 33-1321, we have done everything required by law this far. What form needs to be filled out to file a ...

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