Hypothetically (and allegedly):demo1

  • You receive a project as a subcontractor.
  • You are verbally told no asbestos or lead onsite. Only that’s not true.
  • There is asbestos, and you, and multiple other subs, have disturbed it.
  • The prime contractor says, “oops”. Has the materials tested, and then blames the owner for not letting them know.
  • OSHA is called and citations are issued to the owner and GC for not testing and telling people.
  • A year goes by and now both the owner and GC are being sued by 5 employees for $10,000,000 (yep $10 million, that’s the max BTW).
    • As a footnote: this incidentally is not a worker compensation case (yet) since they are not suing their employer (they are suing the GC and owner)

Even if the employees don’t win $10m, are you prepared for: the headache, loss of client-relationship, trust breaking?¬†Here’s a similar¬†hypothetical article about such a situation.

On the flip side, here are some positive things you can do:

  • get a written copy of the building survey (lead & asbestos) ALWAYS. (you might also ask for cadmium, radon, other possible hazardous substances)
  • Train your employees about asbestos prior to having to deal with it.
  • Give employees the power to “stop work” if they are suspicious of possible asbestos containing material (PACM).
  • When handing out a building survey to your subs, get their acknowledgment (in writing, of course)
  • Fight your OSHA citations. Go to your informal conference. Present your evidence and, at the very least, beg for forgiveness.