Mesothelioma and other asbestos-related diseases are generally caused by occupational exposure. But wildfires and other disasters can also release the carcinogenic fibers into the air, and this is having an impact on the wildfire debris cleanup in Los Angeles. Owners and operators of facilities damaged in the fires are being reminded of the regulations imposed by South Coast Air Quality Management District Rule 1403, which imposes strict requirements before debris removal can begin, and which makes property owners in the Los Angeles area responsible for compliance even when contractors perform the actual cleanup work.
Building Materials Containing Asbestos Pose Mesothelioma Risk
While loss of property and life presented the most immediate concerns in the face of the Los Angeles fires, the clean-up process has opened a new risk, as damaged structures built before the 1980s likely contain asbestos-containing materials, and improper handling today can lead to mesothelioma and other illnesses in the future. The material was a component of products ranging from insulation and caulk to roofing and flooring materials, and while the buildings they were used in are no longer standing, the toxic fibers survived the fire and continue to pose the same threat.
California’s Rule 1403 was written with mesothelioma prevention in mind. It requires that surveys be conducted before clean-up can begin, as well as specific notification procedures and work practices be followed. Property owners must hire Cal/OSHA-certified inspectors to survey facilities for asbestos-containing materials before any demolition or renovation begins, and if asbestos is identified or suspected, owners must contract with separate, registered Abatement Contractors to handle removal safely. Notification of these activities must be conveyed to the Air District at least 10 working days before clean-up begins.
Fire-damaged Asbestos Poses a High Level of Mesothelioma Risk
Though many residents may believe that the fire eliminated the risks posed by asbestos, the opposite is true: Mesothelioma risks are higher when dealing with fire-damaged asbestos materials, and as a result, they activate California’s strictest removal method, referred to as the “Procedure 5–Approved Alternative.” It mandates that asbestos abatement contractors develop customized removal plans for each property they work on and obtain Air District approval before beginning work, even in emergencies. The Air District has emphasized that these review and approval requirements apply specifically to wildfire debris cleanup, and no standardized plans have been released to date. This means that individual plans are necessary for each project.
Failure to comply with Rule 1403 both risks future mesothelioma litigation filed by those diagnosed with an illness in the future, and immediate civil penalties starting at $5,000 per violation per day; those penalties can go as high as $1 million for corporations whose violations cause great bodily injury or death. While Governor Newsom has waived certain regulatory requirements to help expedite wildfire recovery efforts, Rule 1403 remains in full effect because it implements federal regulations and addresses serious public health risks. Importantly, there are key exemptions for owner-occupants of single-unit residences and small-scale renovations involving less than 100 square feet of asbestos-containing materials.
If you or someone you love has been exposed to asbestos, you may be at risk for an asbestos-related disease. If you’ve been diagnosed, call the Patient Advocates at Mesothelioma.net today to learn how we can help.
