Cox Colvin & Associates, Inc.

Thursday, January 20, 2011

Changes in Asbestos Reporting Requirements

In the past, many asbestos assessments were reported in a highly casual way. Although they might have met the immediate needs of the property owner, the lack of documentation often made it difficult to interpret the results years later, and resulted in weak evidence when asbestos issues went to court. Consequently, effective January 1, 2011, as explained in a memo from the Ohio Department of Health on August 24, 2010, “Asbestos Hazard Evaluation Specialists shall collect all bulk samples for asbestos in accordance with the Asbestos Hazard Emergency Response Act (AHERA) 40 CFR Part 763.86 [O.A.C. 3701-34-06(C)(9)] and prepare a detailed AHERA type report for each site where bulk samples are collected [O.A.C. 3701-34-06(C)(10)].”

The AHERA rules were designed to protect public school students from asbestos, but increasingly are applied to other settings. Asbestos assessments in Ohio must now include the exact location where each bulk sample is collected, dates that samples are collected, and homogeneous areas where material is assumed to be asbestos-containing. The report must also describe the manner used to determine sampling locations, and must provide other documentation concerning the credentials of the asbestos inspector.

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