THE COHEN GROUP
  Environmental Health & Safety Consulting Services

The Cohen Group Newsletter - Volume 7  Issue 3, Article 2.  October, 2005

Notification Requirements for Asbestos and Lead
By Julie V. Wellings, CIH

 It isn't news to most property owners and managers that asbestos and lead are two of the most highly regulated hazardous chemicals, and that employees and the public must be protected from exposures. However, owners and managers are not always aware of the multitude of notification requirements to which they may be subject (in addition to employee training requirements). Following is a summary of asbestos and lead notification requirements for California and the San Francisco Bay Area.

Proposition 65 (Asbestos and Lead Exposure): The Safe Drinking Water and Toxic Enforcement Act of 1986, also know as "Proposition 65," requires in CHSC section 25349.2 that warnings be given to any person who may be exposed to chemicals known to cause cancer (including asbestos) or reproductive effects (including lead) unless the person causing the exposure can demonstrate that the exposure poses "no significant risk."

Notifications to Owners, Employees and Tenants (Asbestos-Containing Construction Material): California Health and Safety Code section 25915 requires that building owners and lessees notify other owners, building employees and lessees regarding known asbestos-containing construction materials in the building. Notifications must be in writing, and must include the locations of ACM, general procedures and handling restrictions necessary to prevent exposure, the results of bulk or air monitoring for asbestos, and the potential health risks that may result from exposure.

Notification to DOSH (Asbestos-Related Work): Under Title 8 CCR 341.9, prior written notification to DOSH (at least 24 hours prior to the start of work) is required for asbestos-related work requiring contractor registration under Title 8 CCR 341.6, i.e., work involving the disturbance of 100 square feet, 100 linear feet or more of asbestos-containing construction material.

Notification to AQMD / APCD (Renovation and Demolition, Asbestos): Where structural demolition or renovation (including removal of asbestos-containing material) is planned, advance notification of the local enforcement agency is required under both EPA NESHAP regulations (40 CFR Part 61) and local air district requirements. Under BAAQMD Regulation 11 Rule 2, prior written notification (at least 10 working days in advance) is required for abatement of 100 square feet, 100 linear feet or more of friable asbestos-containing material.

Notification to DOSH (Work Involving Lead-Based Paint): Under Title 8 CCR 1532.1(d)(2), prior written notification to DOSH (at least 24 hours prior to the start of work) is required for activities involving the disturbance of 100 square feet, 100 linear feet or more of lead-based paint, excepting torch cutting or welding for no longer than 1 hour in any shift.

Notification to DHS (Lead Hazard Evaluation or Abatement): Under Title 17 CCR Division 1 Chapter 8 Sections 35000 - 36100), contractors must submit a completed Abatement of Lead Hazards Notification (Form 8551) to DHS at least 5 days prior to conducting lead paint or lead hazard abatement work in a public or residential building. Lead inspectors must submit a Lead Hazard Evaluation Report (Form 8552) to DHS within 30 days of completion of a lead hazard evaluation in a public or residential building.

Notification to SFDPH (Exterior Lead-Related Work): Under Chapter 36 of the San Francisco Municipal Code Part II Chapter I (October 29, 1997), prior to lead-related work on the exterior of structures, property owners and contractors are required to provide advance written notification to bidders and the San Francisco Department of Public Health regarding the lead content of paint and planned work.

Please call if we can be of assistance regarding regulatory agency notifications.