Force' and Carl Good of the NRCA staff and is based in presented

This report was prepared by the NRCA Asbestos Task Force' and Carl Good of the NRCA staff and is based in

part upon a paper presentebdy StephenM. Phillipsat

the 1987 Annual Seminar of the National Roaing Legal ResourceCenter:Mr: Phillips serws as counsel to NRCA and is a principal with the law firm of Hendrick, Spanos & Phillips.Atlanta,Georgia.

NRCA recanmends that contractors consult with legal counsel and an insurance adviser;familiar with the subject a asbestosfound in roofing construction \\Qrk. prior to entering into a contract that might encompass installation.removalor alterationa asbestos-containing materials.

*NRCA Asbestos Task Force

Don McNamara. Chairman FJA Christiansen Roofing Co., Inc. Milwaukee, WI

George Moeller A.J. Shirk Roofing Co. Kansas City, MO

Jay Raieuna James Man9ield & Sons Co., Inc. L~ns. IL

Bob Thomas ADding and Sheet Metal ContradOfSof Georgia, Inc. East Point. GA

JohnnyZamrzla WesternPacifK:R: oofing Corp. Laocaster;CA

Overview

NRCA has been examining the issue of asbestos in the roding industry since 1970,when gowmment agencies became involwd in regulating the uses and exposure levels a asbestos.

In 1986, the Occupational Safety and Health .ADministration(OSHA) reduced the permissableexposure limit (PEL) for asbestos in the ~rkpIace from 2.0 fibers

per cubic centimeter (f/cc) a air to 0.2 f/cc, aOO

de\.eJopedspecific standards for the constrldion

industry. In addition, many state gowmment agencies

are much more actiw in regulating asbestos-containing

materials.

Roofing contractors want to continue to provide

~rkplaces that are free from health or environmental

ri~ At the same time, NRCA is concerned that

unnecessary and burdenSOmerequirementsare being

adopted to such an extent that professionalrOOing

contractors are unsure about exactly what is required cA

them. Many contractors feel they are not able to comply

with these requirements,and therefore are na able to

confidently engage in the handling ci asbestos-

containing roofing materials.

Roding is an art that requires specialized education

and training in application and rem~1 techniques; it

also demands continuing ~

safety education,

training and monitoring. To ensure the highest degree of

quality for building and home ONners,the ermreroofing

process should remain in the hands of rOOing

prcAessionalsN. RCA encourages, for all of these reasons,

consumers to insist on using prciessional rOOing

contractors.

Asbestos-relatedhealth problems have been found

primarily in people engaged in the manufactureand

mining ci asbestos, where high exposure IMS are

sustained owr long periods of time. Evidence gathered

within the roding industry to date suggests that asbestos

fibers remain encapsulated in rOOingmaterialsto a

remarkably high degree, ~n during tear-cif operations

using no special ~rk practices or engineering controls.

Still, the issues irM:>lwdare complex. A rOOing

contractor preparing to install or remow a roo

composed, ~n in part, ci asbestos-containingmaterials

.has several issues to consider: OSHA regulations require job-site air monitoring unless

the contri:K:torcan demonstrateacceptable exposure levels using "objectiw data" from other similarjobs. Worker training and protection might also be required, under certain circumstances,depending on emission

. 1~1s. The EnvironmentalProtectionAgency (EPA)has a

whole set a regulations for situations where there is friable asbestos to a~d creating "visible emissions" of asbestos-containingdust;

. Manystateshaw licensingor certification r~uirements

for handling asbestos-containingmaterials;

. Somein&Jrancepoliciesexcludeca/eragefor

asbestos-relatecdlaims;

. Manystatesand municipalitiehs~ requirementfsor

disposingasbestos-containinmgaterials;

. Contractdocumentsmaybe writtenor interpretedso

as to requirethe roofingcontractorto be responsible for the handlingand disposalof asbestos-containing materialse, venwhenthe roofingcontractordoes not intendto becomeinvol~ in asbe&1os-relat~erdk.

. Thereis a heightenedsensed publicawareness

aboutasbestos-ofiento the pointd paranoia-that increasesthe chancesci any emplO',obeer ingsuedfor acutaI,or evenpotential.personalinjurydamages.

Thisreportwill provideyou withfactualinformation regardingsomeof the manyfactorsin\.ul~ in dealing withasbestosin the roofingindustry.Any and all determinations made as to how to handle this particular problem must be made by the building owner in cooperation with his professional roofing contractor, and, when appropriate, with his design professional. Because the owner possesses the asbestos, it is his responsibility to deal with the asbestos removal and disposal situation.

If you are invol~ in anyconstructionprojectwhere asbestosor asbestos-containinmgaterialswill be usedor encounteredy.ourfirststepshouldbe to becomefamiliar withfederalOSHAand EPAregulationsN. ext.you shouldh~ an understandingd ~ur ONnstate'slaws and regulationsa, nd whethertheyare applicableto the installationor removalof asbestos-containinrogofing materials.

Standardconstructioncontractsare alsobeingaffected by the asbestosissue,with asbestos-relateladnguage appearingin thesedocumentsR. oofingcontractorsmust be awareof the consequencesd &Jchlanguage,and shouldinsiston a cleardefinitionof the responsibilitieds all partiesinvol~ in a projectat its inception.

We recommendthat everyroofingcontractor:

. Become familiar with local, state and federal OSHA

regulations,EPA regulationsand licensing and

. certification laws; Consult with ~ur insurance advisor about any

exclusionsfor ~rking with asbestos-containinrogofing materialsa, nd any effectsof becominglicensed.

. Consult with your attorney about contrOO:uapl rat/isions

regarding the handling of asbestos materials.

. Establish a company pol~ aboot handling asbestos-

containing materials. Include an employee training and awareness program.

IMPORTANT: Even If you do not contemplate dealing with asbestos materials, you may still be subject to liability if there are asbestos-containing materials you were not aware of on a job, and your contract assigns you the responsibility for dealing with them. And you may not have insurance coverage if your insurance policy excludes coverage for asbestos work, and you encounter asbestos-containing materials you may not have been aware of.

NRCA establishedan asbestostaskforcein 1986to compile and disseminate informationfor NRCA members and the industry regarding the impact of asbe&1oson the roofing industry. The task force needs }()ur input and asks that }oWforward any informationand test data }oW acquire to NRCA headquarters.The issues are numerous and complex; y.oeneed to ~rk together to resolw them.

Send your data and informationto: Carl Good NRCA One O'Hare Centre 6250 N. Riwr Road Rosemont. IL 60018 312rJ18-6722

2

Asbestos,taken from the Greek "inextinguishable," refers

to a group of minerals that are light\AJeighftl,exible,and

fireprocA.Asbestos is a fibrous, naturally occurring

material that is mined and processed into a variety of

products. Asbestos has prown to be extremely resistant

to heat or chemicals and the fibers are extremely durable. In the roofing industry,asbestos has been used

in roofing felts, tiles, shingles,flashings,coatings, mastics

and rigid panels. Asbestos-containingshingles are

characteristicallyhard and have a light green, beige, or

grayish-whitecolor: Asbestos-asphaltshingles (asbestos

roofing felt covered wtih an additional layer ci asphalt)

were manufactured ~n

1971and 1974,and closely

resemble other asphalt shingles.Asbestos-containing rocAingfelts (asbestos paper ca./ered and impregnated

with asphalt) ~re used primarily for built-up rocAing.

They ~re also used as a layer ci protection beneath

roofing shingles. Recently,asbestos mining has declined

significantly and the EnviommentalProtectionAgency

(EPA)is currently developing more scientific information

to support its proposed ban on asbestos products for

which there are substitutes.

There are actually six different mineral types of

asbestos.They are:

1. Chrysotile 2. Crocidolite 3. Amosite

4. Anthophyllite 5. Tremolite 6. .Actinolite

When these minerals occur in a non-fibrousform, they are not classified as mercially,chrysotile is the form that has been used most and is most commonly found in rO ................
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