§ 7187 Asbestos Consultant Conflict Rules

Key Takeaways

•If a building owner hires someone to check for asbestos, that person can't also own or make money from the company that removes the asbestos. This keeps things fair.
•There’s an exception: If a contractor takes 12 or fewer samples of asbestos in a home for bidding on a job, checking employee safety, or making sure the job is done right, they can do this without following the usual rule.
•Only certified inspectors can take these samples, and contractors can’t do health and safety checks or risk assessments for asbestos.
•The rule is there to make sure the person checking for asbestos gives honest advice, not just what makes them or their friends money.

Example

A school hires a company to check if there’s asbestos in the old gym. The same company also owns a business that removes asbestos.

This is not allowed. The company checking for asbestos can’t also make money from removing it because they might say there’s more asbestos than there really is just to get more work.

When a building owner or operator contracts with an asbestos consultant or site surveillance technician for performance of the activities described in Sections 7181 and 7182, that asbestos consultant or site surveillance technician shall not have any financial or proprietary interest in an asbestos abatement contractor hired for the same project. However, this section shall not preclude the hiring of a consultant by a contractor for the purpose of providing health and safety services for the personnel of the contractor. This section shall not apply when a licensed contractor or registered asbestos abatement contractor takes no more than 12 bulk samples of suspected asbestos-containing material that is required to be removed, repaired, or disturbed as part of a construction project in a residential dwelling solely for any of the following purposes: (1) bid preparation for asbestos abatement; (2) evaluating exposure to its own employees during construction or asbestos abatement; or (3) determining for its own purposes or for the purpose of communicating whether or not a contract for asbestos abatement has been satisfactorily completed. Persons taking samples for the purposes described in this section shall be certified building inspectors under the Asbestos Hazard Emergency Response Act, as specified in Section 763 of Title 40 of the Code of Federal Regulations, appendix (c) to subpart (e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. A licensed contractor or asbestos abatement contractor may seek compensation for bid preparation, including the cost of laboratory analysis of asbestos-containing material. It is the intent of the Legislature in enacting this section to make certain that the asbestos-related work performed by a consultant, including, but not limited to, clearance air monitoring, project design, and contract administration, is performed in a manner which provides for independent professional judgment undertaken without consideration of the financial or beneficial interest of the contractor. (Amended by Stats. 1996, Ch. 526, Sec. 2. Effective January 1, 1997.)

Key Takeaways

•If a building owner hires someone to check for asbestos, that person can't also own or make money from the company that removes the asbestos. This keeps things fair.
•There’s an exception: If a contractor takes 12 or fewer samples of asbestos in a home for bidding on a job, checking employee safety, or making sure the job is done right, they can do this without following the usual rule.
•Only certified inspectors can take these samples, and contractors can’t do health and safety checks or risk assessments for asbestos.
•The rule is there to make sure the person checking for asbestos gives honest advice, not just what makes them or their friends money.

Example

A school hires a company to check if there’s asbestos in the old gym. The same company also owns a business that removes asbestos.

This is not allowed. The company checking for asbestos can’t also make money from removing it because they might say there’s more asbestos than there really is just to get more work.

Key Takeaways

Example

Key Terms

References

§ 7187 Asbestos Consultant Conflict Rules

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References