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New Year's Resolutions: - Michigan Optometric Association ...

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Legal Article<br />

be similar to the way it has treated lead paint<br />

in residential buildings, schools, and child care<br />

facilities. While it is unlikely that lead paint has<br />

been used recently in your building, it is possible<br />

that it may exist in older layers of paint on<br />

office walls, window sills, door jambs, and other<br />

places. As a consequence, ODs should expect<br />

in the future that if they are renovating an older<br />

office building or one known to have lead paint<br />

they are likely to have to implement many of<br />

the same practices used in residential and other<br />

child-occupied buildings when disturbing lead<br />

paint.<br />

Even if not known to exist in an office<br />

building, a contractor may also find unknown<br />

asbestos in hidden areas of office space repairs<br />

or renovations. Asbestos is a set of naturally<br />

occurring minerals that<br />

were commonly used in<br />

building materials such as<br />

insulation, floor tiles, and<br />

roofing coatings because<br />

of their fire retardant and<br />

strengthening properties.<br />

While there are health<br />

concerns associated with<br />

asbestos, they are most related<br />

to workers involved<br />

in mining, manufacturing, and demolition activities<br />

involving asbestos and not those who work<br />

in an office environment.<br />

In 1989, EPA relied on its authority in TSCA<br />

to ban the manufacture and importation of<br />

asbestos in many products. However, the ban<br />

did not require asbestos-containing materials to<br />

be removed from existing structures, like commercial<br />

office spaces. Therefore, it is not unusual<br />

to find older flooring that remained in place<br />

because it was so durable, boilers or pipes, or<br />

other areas of offices with some asbestos-containing<br />

materials. According to EPA, materials<br />

that contain asbestos that are in good condition<br />

can be left in place if it will remain undisturbed.<br />

However, if the renovations or repairs that are<br />

As healthcare practitioners and<br />

business owners, optometrists are<br />

already concerned about the<br />

wellbeing of their patients and<br />

employees. Looking into this safety<br />

issue may help meet that goal when<br />

planning repairs or renovations for<br />

your office.<br />

planned for an office will disturb asbestos or<br />

if the asbestos is in poor condition, i.e. easily<br />

pulverized to dust by hand pressure or “friable,”<br />

then EPA and occupational health and safety<br />

regulations require it to be handled by trained<br />

personnel who can identify, isolate and contain<br />

the asbestos, and use proper techniques for<br />

disposal.<br />

Tips<br />

As healthcare practitioners and business owners,<br />

optometrists are already concerned about<br />

the wellbeing of their patients and employees<br />

and following these tips may help meet that goal<br />

when planning repairs or renovations for your<br />

office:<br />

• If the building is older or there may be lead<br />

paint or asbestos in the<br />

building, hire a trained<br />

professional to identify<br />

any materials requiring<br />

worker protection or<br />

special precautions.<br />

• Ask your contractor<br />

whether there are plans<br />

in place to deal with lead<br />

paint and asbestos properly<br />

if it is discovered in<br />

the middle of the project and whether workers<br />

are provided the required personal protection<br />

equipment.<br />

• Do not ask your office staff to handle materials<br />

that could contain lead paint or asbestos and<br />

do not allow them to enter areas that are being<br />

isolated for lead paint or asbestos removal.<br />

• If you think that lead paint or asbestos is being<br />

mishandled or that there was improper exposure<br />

to those materials, consult an attorney regarding<br />

your obligations and options.<br />

For more information regarding lead paint and<br />

asbestos, EPA has websites dedicate to both<br />

topics that can be located by searching for “EPA<br />

asbestos” or “EPA lead paint.”<br />

7 Id.<br />

8 See Agency for Toxic Substance and Disease Registry, Tox FAQs for Asbestos (visited Nov. 4, 2011).<br />

9 See 40 CFR 763.160 et seq.<br />

10 See EPA Asbestos Website (visited Nov. 4, 2011).<br />

11 See 40 CFR 763.120 et seq.; 29 CFR 1926.1101 et seq.<br />

13

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