What do you need to know about asbestos as a tenant?

As a tenant, you have a right to a livable home. As asbestos is a hazardous substance, exposed asbestos must be dealt with by your landlord. The Occupational Health and Safety Administration (OSHA) has regulations to protect the right of tenants by placing duties on landlords themselves.

What to do if you find asbestos in Your House?

Your landlord will need to perform the necessary checks with an asbestos professional, send samples off to a lab, and repair or remove the product if it’s unstable. OSHA protects tenants when this kind of work is taking place, as landlords must provide a habitable space for their tenants.

When does a building need to be inspected for asbestos?

OSHA’s rules regarding to asbestos apply to every building constructed before 1981, even if there’s no plan to remodel or otherwise disturb the structure. (OSHA presumes that all buildings of this vintage contain asbestos). The rules also apply to newer structures known to contain asbestos.

Is there legal protection for asbestos in the workplace?

The significant legal protection is apparent when you see a workplace dealing with asbestos and negative pressure rooms, full personal protective equipment, air filtration, and bagging of asbestos containing materials with disposal to special sites for dangerous substances.

When do landlords have to test for asbestos?

This means that practically all landlords are required to test for asbestos. It’s very rare that a landlord is doing all the repairs on their own; also, lots of real estate out there is over 37 years old. If asbestos is present in the area, the law requires that landlords disclose the circumstances to tenants.

Who is responsible for asbestos in rental property?

Landlords are responsible for notifying tenants about the presence of dangerous substances in the property. If the status of asbestos is unknown, landlords must let tenants know as well. Just because asbestos is present in the property doesn’t mean it needs to be removed.

What should I do if I find asbestos in my house?

If asbestos is present in the area, the law requires that landlords disclose the circumstances to tenants. Landlords are responsible for notifying tenants about the presence of dangerous substances in the property. If the status of asbestos is unknown, landlords must let tenants know as well.

Can a landlord be cited for an OSHA asbestos violation?

Response 7: In general, a tenant in a residential setting is not an “employer” and therefore not subject to OSHA inspections. If an outside contractor is performing asbestos related work at this residential site, both the contractor and the landlord could be cited for violations.