California is known for its amazing weather, beautiful scenery, and abundant natural resources. However, one of those resources can be damaging to your health. What many residents are unaware of are the harmful side effects of asbestos fiber inhalation. This fiber occurs naturally and is also used in the manufacturing of several consumer products. These products consist primarily of building materials used for insulation and other means. When left undisturbed, asbestos fibers can be harmless. However, when this material begins to break down and become airborne, it can have a catastrophic end. One of the many industries that may not follow the guidelines established by the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration is that of property managers. It is for this reason that California residents should understand fully their rights as tenants and know how to ensure that their rights are not violated.
Asbestos is the label attributed to “a number of naturally occurring fibrous silicate minerals that have been mined for their useful properties such as thermal insulation, chemical and thermal stability, and high tensile strength.” There are three man types of asbestos: chrysotile, amosite, and crocidolite. Chrysotile is the most common form used and is referred to as “white asbestos.” Amosite is considered to be the most dangerous form of asbestos given its ability to remain in the lungs for a longer period of time. Some of the symptoms that come about from asbestos exposure include: Asbestosis, Mesothelioma, lung cancer, and other lung/respiratory issues. Asbestos is the most dangerous when it begins to deteriorate. When asbestos is in this state, it is called “friable” asbestos. Friable asbestos is easily broken or crumbled by hand; this usually happens with acoustical plaster, spray applied insulation, duct connectors, insulation, pipe coverings, plumber’s putty, rollboard and flex board, spackle or patching compounds, tremolite sand, and vermiculite compounds. Friable asbestos can also be the result of weathering, normal deterioration over time, excessive use, and exposure to chemicals or high heat. Testing of the air quality in your rental can determine if the asbestos has become airborne and whether you are now inhaling contaminated air.
One of the most monumental court cases involving asbestos exposure involved the Johns-Manville Insulation Plant, in which several employees that had been exposed to high levels of asbestos were later diagnosed with several forms of cancer as a result of the asbestos exposure. Although this case does not involve tenants specifically, it did set the precedent for future asbestos litigation and governmental policy. Another case, Norris v. Crane Co., supports an individual’s right to live in a healthy environment, whether they are working with asbestos or living in a building in which they are being exposed to it. The case involved a U.S. Navy veteran who was diagnosed with mesothelioma and later died from his exposure to asbestos. A judge found that compensation was owed to his family via “bystander exposure” due to the fact that he was “nearby while other people worked with asbestos products.” This could be the case in an apartment where possible repair, renovation or remodeling may occur and if asbestos is present could result in it becoming airborne.
OSHA is the main governmental entity that has established standards in terms of the proper protocol with asbestos testing, disclosure and possible removal. Currently, no policies exist that applies specially to tenants, however there are several codes and standards to illustrate the danger of asbestos. Proposition 65, passed in the state of California, deals with landlords that have over 10 or more employees. It requires them to abide by the Health and Safety Code 25249. This code states that if a landlord is aware that asbestos is present in the units, he/she must disclose this information to his/her tenants. If the landlord is not sure as to whether asbestos is present, he is required to disclose this fact as well. If the property has already been properly tested and received clearance, no formal disclosure is necessary. October 1, 1995 OSHA published a 200-page “regulation setting strict workplace standards for the testing, maintenance and disclosure of asbestos.” Employers who work in general industry, construction work, and shipyards are required to provide public warning labels, train their staff, and notify anyone who may be in an area where asbestos is present. Landlords are considered to be a part of the “general industry” category and thus must abide by the regulations set forth by OSHA. It should also be understood that unless an owner rules out the presence of asbestos by having a licensed inspector test the property, it can safely be assumed that asbestos is present, and regulations will apply.
If you suspect that asbestos may be present in your rental property, it is important to have the proper testing conducted to determine if, in fact, asbestos is present. Do not attempt to either test or remove asbestos yourself, as it can easily enter the air you are breathing. For your safety, please contact a Certified Inspector or contact your local health department to conduct the testing. Make sure to document your problem and send the complaint via certified mail. This is important to ensure that you have receipt that the landlord received the letter. You should also contact a lawyer that can assist you with the process. If the landlord is unwilling to take the necessary steps to abate the issue, it is likely that you will have to take your landlord to court. The presence of airborne asbestos can be seen as “a breach of the implied warranty of habitability,” and could result in you, the tenant, being able to break the lease, pay less rent, withhold rent or sue so that the landlord will bring the building up to code.
The damaging effects of asbestos exposure have been well documented over several years, so if you suspect that asbestos is present in your rental property it is important to determine the air quality of your home. If airborne asbestos is present, it is imperative that you have a professional properly remove the problem, in order to ensure that the environment in which you live will be a healthy one.
Resources:
- http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
- http://dnacih.com/faqhomasb.html
- http://portal.hud.gov/hudportal/HUD?src=/states/california/renting/tenantrights
- http://www.dca.ca.gov/publications/landlordbook/when-rent.shtml#footnote81
- http://www.lasuperiorcourt.org/asbestos/ui/
- http://codes.lp.findlaw.com/cacode/HSC/1/d20/6.6/s25249.5
- http://www.cdph.ca.gov/programs/CLPPB/Documents/ResEnviroHaz2005.pdf
- http://www.ewg.org/sites/asbestos/facts/photocredit.php
- The California Landlord’s Law Book: Rights & Responsibilities – By David Wayne Brown, Ralph Warner, Janet Portman
