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In 2021, the City of Los Angeles adopted an ordinance that regulates asbestos use and prohibits employers from using asbestos in their buildings. The law requires asbestos consultants to be on premises when work is being performed and that asbestos use and/or disposal are completed according to approved procedures. Unfortunately, the laws do not apply to general contractors who are only licensed to perform specific tasks related to asbestos use and disposal. Asbestos consultants are not protected by the law when working on asbestos-containing projects. Therefore, it is important that construction companies hire asbestos consultants to make sure that all asbestos uses are compliant with the law.
If an asbestos consultant is not hired, it is difficult for them to ensure that asbestos use and disposal are done according to the law. Additionally, it is difficult for an asbestos contractor to monitor asbestos usage and ensure compliance with all state and federal regulations. An asbestos consultant is responsible for collecting information on asbestos usage from a company or source and interpreting the data. If the consultant determines that asbestos is being used or disposed of in a way that is in violation of state and federal regulations, they must report the findings to the asbestos contractor and the state or local health department. Once the information is reported, the contractor and department can work together to find a solution to the problem.
However, there are times when an asbestos consultant is not necessarily needed. For example, in the case of renovation or remodeling projects asbestos is usually not a concern because asbestos will not be disturbed or brought into direct contact with any materials being renovated. In this case, hiring an asbestos consultants is not necessary. The owner of the property is typically responsible for making sure asbestos is not being used or damaged in any way during the course of the project.
Finally, in many cases it is not feasible or reasonable to hire an asbestos consultant for situations where asbestos use would be unavoidable. For example, if the home has a basement that needs to be sealed in order to keep the structure from leaking and has no way to vent the air in the basement, it would be impractical to have an asbestos consultant apply the proper protection measures and to seal off the area completely. Similarly, if there is a swimming pool in a house that must be drained following a plumbing leak because of possible asbestos use, the owner will not want to have to pay an asbestos contractor to remove the asbestos from the swimming pool. The homeowner would likely be able to clean up the asbestos using commercially available products such as Murphy's Oil Soap or Lysol. In this case, having an asbestos consultant on hand would be more cost effective than paying an asbestos contractor to remove the asbestos.
In summary, when it comes to Los Angeles asbestos contractors can choose from two different types of professionals. There are individuals that work directly for the contractor and do not need to be licensed. These types of consultants are called contractors engaged in one or more specific services. Alternatively, there are professional asbestos consultants that belong to associations that are devoted to ensuring that asbestos contracting practices comply with all applicable statutes and regulations. While the primary function of such associations is to ensure that asbestos contracts and dealings are conducted in the most appropriate and consistent manner, the secondary but more important role is to ensure that asbestos contractors are held accountable for the services they provide. If an asbestos contractor breaks these laws and regulations, it is likely that an asbestos lawsuit will follow.