by Christopher Nielsen, B.Sc., P. Geo. (Limited), Vice President T. Harris Environmental Management Inc.

For much of the 20^th century, asbestos was considered a “wonder material”. Fire-resistant, it was flexible both physically and in its applications. As a result, asbestos found its way into a wide range of building materials, from floor tiles to roof drainage pipe.

A growing understanding of the health risks caused usage to plummet in the 1970s and 1980s to almost zero usage in Canada today. However, condo corporations and management companies still must deal with the unpleasant results of previous builders’ enthusiastic use of asbestos.

Almost any building constructed in Canada before about 1985 contains some of this hazardous material and some buildings built well into the 2000s have asbestos in non-friable materials such as rain water leaders, drains, caulking, gaskets and roofing materials.  This means that demolition, renovation, repair, and maintenance projects will need to contend with the occupational health and safety, public health and environmental legislation put in place by provincial governments.

To understand why, it is important to understand what asbestos is, and its health effects. Asbestos is not a single material but, rather a group of fibrous silicates. Having gone from wonder child to problem child, asbestos is now associated with a wide range of diseases, which are usually fatal and typically incurable. Many of them have long latency periods, so the full effects fare only now appearing. For example, it is now estimated that one from of asbestos-induced cancer, mesothelioma, which has no cure, will become an epidemic in the industrialized world in about ten to twenty years.

Condo residents, boards and management companies must know and heed the rules.  Better understanding of the thread posed by asbestos means that provinces have put in place new regulations on asbestos handling that have big implications for condominium complexes. In most cases, these regulations do not apply to private, owner-occupied residences, which would include townhouse units and individual apartments in high-rise, unless work in these units is conducted by a contractor hired privately or by the condo board. However, for the most part, all work done on the common areas including hallways, recreation areas and lobbies is subject to legislation. As well, the legislation applies to condominium residences rented out by the owner.

Most of these regulations, such as Ontario Regulation 278/05, define “asbestos containing material” and define the requirements on how it is handled.

Most provinces have expanded the range of materials that must now be considered suspect regarding asbestos. In many cases, the percentage of asbestos in material which triggers the need for special handling is lower.

One area in which asbestos may make life challenging for condo boards and management companies has to do with construction and renovation projects. If asbestos issues are not dealt with effectively, this may have implications for project timelines and budgets. This is important because every company is responsible for providing a safe work environment for its employees and the general public, and this includes making sure that construction workers and the public are safe from asbestos-related risks. If the contractor, owners, or tenants are concerned about potential asbestos contamination, they may contact local authorities which can lead to issuance of a stop-work order.

It is best to have qualified professionals inspect the premises prior to work being started. Some 3,000 building products reportedly contain asbestos, including drywall joint compound, floor tile, ceiling tiles, stipple coat, and the backing of vinyl flooring, so having experienced advisors is important.

If these professionals detect the presence of asbestos, they will recommend a specialized asbestos-removal company be engaged to ensure worksite safety by properly addressing these issues before construction work begins. Most provinces stipulate the training requirements for asbestos workers and specialized contractors will have this training.

Those who fail to change with the new asbestos-aware environment may find work at their sites slowed or stopped by inspectors, union leaders and employees who discover suspect asbestos-containing materials that have not been identified in building assessments.

Asbestos issues also come up in regular maintenance work, such as scheduled service in a boiler room, fan room or other utility room. Asbestos-containing materials in good condition can, in many cases, stay that unless disturbed but if asbestos is loose or “friable,” it poses a potential health hazard.

In condominium operations, there may be a grey area, from a legal perspective, regarding who is responsible for dealing with asbestos issues. The residents of the condo board may justifiably point their fingers at the management company saying that they depend on the company for advice. The management company, may in turn, say that it is simply following the instructions of the board. Ultimately the responsibility for the asbestos lies with the owners, but both sides need to say informed and communicate clearly on asbestos issues in the building.

Finding the right service provider. One of the challenges of complying with the provincial asbestos legislation is that there few hard-and-fast rules regarding who is qualified to do asbestos-related assessments.

This means that anyone renovating a building needs to use judgment in finding the right service provider. It helps to choose a consulting firm that has demonstrated longevity, for greater credibility.

Our experience is that employees and the general public are becoming increasingly interested in asbestos issues. They are also better informed, although that “information” may come from questionable sources and be of questionable accuracy. Having support from a sound third-party source, with good expertise and credibility, can go a long way to keeping employees and residents satisfied that their health and safety are being safeguarded.

It also helps to find a company with local experience, which is important partly because products vary widely regarding whether they contain asbestos, or how much. Products sold in one area may contain asbestos, while similar products sold elsewhere may contain non or only minimal amounts below the detection limit.

Complying with the new asbestos regulations is, in general, best done through becoming informed about issues, due diligence regarding training and procedures, and commissioning the appropriate expert assistance.

Christopher Nielsen, B.Sc., P. Geo. (Limited), Vice President T. Harris Environmental Management Inc. Christopher has over 30 plus years in the environmental management sector.

www.tharris.ca