The Role of Asbestos Inspections in Construction Safety: Don't Miss the Asbestos Inspection Panel at PACNY's Environmental Conference!

In the construction world, one of the most pressing concerns for worker safety is the potential asbestos exposure.  This hazardous material, once commonly used in various building materials for its fire-resistant and other properties, has been linked to serious health risks, including lung cancer, asbestosis, and mesothelioma.  Asbestos exposure remains a significant threat, especially in older buildings undergoing renovation or demolition.  The Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) have set strict guidelines to minimize this danger, but compliance hinges on one key factor: thorough and accurate asbestos inspections.

To explore the intricacies of asbestos inspections, Angelo Garcia, III of Future Environment Designs, Inc., will be moderating a distinguished panel at PACNY's 2025 Environmental Conference on Thursday, February 27, 2025. The panel will dive deep into the importance and differences in asbestos inspections from various perspectives. This includes Tom Laubenthal of TGL Consulting and ASTM E2356 Chairman, who will discuss the ASTM asbestos inspection standard, Chris Alonge now with Dormitory Authority of the State of New York (DASNY) who will provide insights from an owner's perspective, Marc Rutstein from Environmental Consulting & Management Services, who will offer a consultant's viewpoint and highlight the differences between NYCDEP and NYSDOL inspections, and Matt Brooks from International Asbestos Removal (IAR), who will speak on the contractor’s perspective.

Asbestos pipe insulation with fitting insulation

Asbestos inspections play a vital role in identifying materials that may contain asbestos before they are disturbed. This proactive approach not only prevents worker exposure but also ensures that proper abatement procedures are followed. A well-executed asbestos inspection is the first line of defense against the release of airborne asbestos fibers, which can be deadly when inhaled.

Understanding the Importance of Homogeneous Areas

At the heart of every asbestos inspection is the process of determining whether a material is classified as a surfacing material, thermal system insulation, or miscellaneous material.  Once the material type is identified, the inspector must establish whether the materials are homogeneous.  According to the EPA’s Asbestos Hazard Emergency Response Act (AHERA), a homogeneous area is defined as one where the material is uniform in color and texture.  

Floor tiles and numerous homogeneous areas

However, that is not the only definition of homogeneous area/material.  For example, the American Society for Testing and Materials (ASTM) has established a Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) in this standard the definition of homogeneous area is surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture and apparent or known date of installation. The other definitions that are used by inspectors also include some reference to installation or formulation in addition to color and texture.  This classification is crucial because it informs the number of samples that must be taken to accurately assess the presence of asbestos.

Sampling Procedures: The Foundation of a Successful Inspection

For surfacing materials, the size of the homogeneous area directly influences the number of samples needed. Under the EPA’s guidelines, inspectors follow the “3-5-7 rule.” This means that three samples are required for areas smaller than 1,000 square feet, five samples for areas between 1,000 and 5,000 square feet, and seven samples for areas larger than 5,000 square feet. Additionally, the EPA’s “Pink Book,” formally known as Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials, recommends taking nine samples per homogeneous area, regardless of the square footage, for increased accuracy.

Asbestos Fireproofing

For thermal system insulation, the process differs slightly. Inspectors must determine if the material is homogeneous, patch material, or material used on fittings like elbows and valves. Homogeneous areas of thermal system insulation require three samples, while patch materials smaller than six linear or square feet only need one sample (the only time one sample is allowed). Cement or plaster used on fittings must be sampled based on the specific mechanical system in question, and a minimum of two samples is required for each system. However, the EPA in A Guide to Performing Reinspections Under AHERA strongly advises taking at least three samples in larger homogeneous areas, even if regulations don't mandate it.

For materials such as joint compound and add-on materials, however, the EPA’s “Asbestos Sampling Bulletin dated September 30, 1994” specifies that three samples are required for each material. These distinctions are critical for asbestos inspectors to ensure compliance and accuracy in their assessments (see our original blog post on asbestos surveys).

In May 2007, the EPA provided important clarification on sampling requirements.  Mr. Chris Alonge, at the time, was working for New York State Department of Labor (NYSDOL) and he requested clarification regarding the number of samples that should be taken for each suspect asbestos-containing homogeneous miscellaneous material.  The clarification was distributed by the Professional Abatement Contractors of New York (PACNY) in November 2007. According to this clarification, the minimum number of samples that should be taken of miscellaneous materials (i.e., floor tiles, roofing, caulk, ceiling tiles) is two (see our original blog post on this issue).

Respirator and protective clothing should be worn by the inspector during sampling

Following proper sampling protocols is crucial because asbestos is considered present if any one of the samples from a homogeneous area contains more than 1% asbestos. Conversely, if all samples return asbestos concentrations at or below 1%, the area is deemed asbestos-free—though it’s important to remember that materials containing 1% or less of asbestos are still regulated under OSHA’s asbestos standard (see the Varga letter).

The Legal and Health Implications of Incomplete Inspections

Inadequate or incorrect asbestos inspections can have severe consequences.  From a legal standpoint, failing to adhere to EPA and OSHA regulations can result in hefty fines and penalties.  Remember neither regulation has a specific end date for buildings not containing asbestos (see our post Is There an Appropriate End Date for Asbestos Use?).  More importantly, from a health perspective, improperly identifying or failing to identify asbestos-containing materials (ACMs) can expose construction workers to dangerous fibers, leading to long-term health problems.  Given that asbestos-related diseases may take decades to develop, the human cost of negligent inspections can be devastating.

The closet door with asbestos core was cut without any precautions costing over $30,000 to clean up the contamination.

Mr. Tom Laubenthal wrote EPA in November 2014 regarding The Standard Practice for Comprehensive Asbestos Surveys (ASTM E2356-18) Pre-Construction Survey (section 8 of the standard) meeting the requirement under National Emissions Standards of Hazardous Air Pollutants (NESHAPS) of a thorough inspection.  EPA responded that they would expect an owner/operator to follow the steps in Sections 1 through 5 and Section 8 to comply with the NESHAPS regulation. This standard provides a framework for conducting thorough asbestos inspections, particularly in pre-construction scenarios, ensuring that no asbestos-containing material goes unnoticed.

Conclusion: The Essential Role of Inspections

Asbestos inspections are the cornerstone of any effort to protect workers from exposure to this hazardous material. By adhering to the EPA’s and OSHA’s strict sampling and inspection guidelines, inspectors can identify asbestos-containing materials before they are disturbed, reducing the risk of airborne fibers and subsequent health issues. Given the serious implications of asbestos exposure, thorough inspections are not just a regulatory requirement—they are a moral imperative in safeguarding the health and well-being of workers.

Asbestos Floor Tiles disturbed before identification led to a clean-up costing over $250,000

In the end, the responsibility lies with all stakeholders—building owners, contractors, and asbestos inspectors alike—to ensure that every construction or renovation project is free from asbestos hazards. As inspectors, staying current on regulations, maintaining rigorous sampling standards, and educating clients on the risks and regulations associated with asbestos are critical components in this ongoing battle against a deadly substance.

The asbestos inspection panel promises to be an invaluable session for professionals across the construction, consulting, and regulatory industries. With these diverse viewpoints, we aim to shed light on the critical role inspections play in protecting workers and ensuring compliance with ever-evolving asbestos regulations.  Asbestos inspections are not just about checking boxes—they are about saving lives.

OSHA 2024 Reporting Requirements and 2025 Penalty Adjustments: Key Compliance Guidelines for Employers

As we enter 2025, it’s time to once again focus on an important requirement from the Occupational Safety and Health Administration (OSHA).  Employers with 10 or more employees are required to post the OSHA 300A form from February 1 to April 30, 2025.  This annual posting ensures transparency in workplace injury and illness data for the previous year.  In addition, many employers must electronically submit the OSHA 300A data by March 2, 2025.

OSHA 300A Form

The OSHA 300A form is a summary of the injury and illness information that was recorded in the OSHA 300 log throughout the past year (2024). It plays a key role in workplace safety, helping employers analyze and reduce hazards in their operations. It’s important to remember that COVID-19 is considered a recordable and reportable illness if it is confirmed, work-related, and results in days away from work. In these cases, it would be logged as a respiratory illness. However, if an employee requests that their name not appear on the log for privacy reasons, employers must comply as per 29 CFR 1904.29(b)(7)(vi) and treat it as a privacy case.

OSHA 300 must be filled out as the year progresses

If you need guidance in completing the OSHA 300A form, we’ve got resources to help you out. We partnered with Keevily Spero & Whitelaw to create a webinar that walks you through the steps for both the OSHA 300 and 300A forms. You can find the webinar on our YouTube Channel or watch the video below.  Remember, covered employers are required to maintain accurate records of serious occupational injuries and illnesses and tally the totals at the end of each year for the OSHA 300A form. The data should be used by employers to evaluate workplace safety and make improvements to reduce risks.  Keep in mind that the OSHA 300A form must be posted until April 30, 2024, and retained for five years.  During this time, employers are also required to update the log as new information becomes available.

Electronic Submissions – March 2, 2025, Deadline

OSHA’s final rule, which took effect on January 1, 2017, requires certain employers to submit injury and illness data electronically.  OSHA has provided a secure website for submitting this data. If you are required to submit your OSHA 300A information, be aware that there’s a login procedure that took effect in October 2022.  Hopefully, you've handled this process previously.  The OSHA Injury Tracking Application (ITA) helps to determine if your establishment is required to electronically submit 300A and 300/301 data through the ITA.  You can watch a tutorial video on how to use the ITA to submit your data.  Submissions must be completed by March 2, 2025, and OSHA began collecting data starting January 2, 2025.

You must submit 300A data if your establishment meets one of the following requirements: 

1. 250 or more employees and is not in an industry listed in the exempt industries list in Appendix A to Subpart B of OSHA’s recordkeeping regulation of 29 CFR Part 1904, or 
2. 20-249 employees and is in an industry listed in Appendix A to Subpart E of 29 CFR Part 1904.

YOU MUST also submit 300/301 data if your establishment(s) has 100 or more employees and is in an industry listed in Appendix B to Subpart E of 29 CFR Part 1904.  What does this mean for our industry?  If you are in the industry of Architectural, Engineering, and Related Services you are exempt.  However, for Construction, Remediation, or Waste Management Services that meet the size requirements (20 to 249 employees), you are required to submit your OSHA 300A information electronically.

Ensure you’re compliant with OSHA’s posting and reporting requirements; if you need any assistance or clarification, don’t hesitate to reach out. We’re here to help!

Construction Site

2025 OSHA Penalty Updates What You Need to Know

In 2025, OSHA updated the penalty structure as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Each year, OSHA adjusts civil penalty amounts to account for inflation, ensuring penalties maintain their deterrent effect and reflect current economic conditions. This year is no different, with the penalty adjustments now updated for 2025 based on the latest inflation data.

Purpose of the Update

The information contained in this update supplements OSHA’s existing penalties and debt collection guidelines, which can be found in Chapter 6 of the Field Operations Manual (FOM). The updated tables provided in this memorandum reflect the penalty amounts for the calendar year 2025, corresponding to adjusted figures in OSHA Information Systems (OIS). These annual adjustments allow employers and safety professionals to access the most current penalty information and ensure compliance with OSHA regulations.

Background

This annual update follows the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which was enacted on November 2, 2015. This act builds upon the original Inflation Adjustment Act of 1990 and the 1996 Debt Collection Improvement Act to strengthen the impact of civil monetary penalties. The Inflation Adjustment Act requires two key actions by regulatory agencies:

1. Perform a "catch-up" adjustment of civil penalties (completed through an interim final rule in 2016), and
2. Implement subsequent annual adjustments for inflation by January 15 of each year.

For 2025, the cost-of-living adjustment multiplier is 1.02598, based on the Consumer Price Index for All Urban Consumers from October 2024. This multiplier is applied to the previous year's penalty amounts and rounded to the nearest dollar. The adjustment ensures that both minimum and maximum penalties set forth under the Occupational Safety and Health Act (OSHA) and the Field Operations Manual (FOM) remain consistent with inflation.

Minimum and Maximum Penalty Amounts for 2025

To give you a clearer picture, Table 1 outlines the updated penalty amounts for various types of violations:

Type of Violation	Penalty Minimum	Penalty Maximum
Serious	$1,221 per violation	$16,550 per violation
Other-Than-Serious	$0 per violation	$16,550 per violation
Willful or Repeated	$11,823 per violation	$165,514 per violation
Posting Requirements	$0 per violation	$16,550 per violation
Failure to Abate	N/A	$16,550 per day beyond the abatement date (up to 30 days max)

Note: For repeated other-than-serious violations, the penalty starts at $472 for the first repeat offense, increasing to $1,182 for the second and $2,364 for a third repetition.

Gravity-Based Penalty (GBP) System

The Gravity-Based Penalty (GBP) is used to determine the severity of violations and assess penalties accordingly. The gravity of a violation is categorized into high, moderate, or low based on the risk it presents:

• High Gravity: $16,550 penalty
• Moderate Gravity: Penalties range from $9,457 to $14,187
• Low Gravity: $7,093 penalty

For serious violations, the GBP is determined by a combination of severity and probability, as shown in Table 2:

Severity	Probability	GBP	Gravity	OIS/GRAVITY Code
High	Greater	$16,550	High	10
Medium	Greater	$14,187	Moderate	5
Low	Greater	$11,823	Moderate	5
High	Lesser	$11,823	Moderate	5
Medium	Lesser	$9,457	Moderate	5
Low	Lesser	$7,093	Low	1

For other-than-serious violations, only minimal severity is assigned. However, if the Area Director determines a higher penalty is necessary for deterrence, the maximum penalty of $16,550 may be applied.

Serious Willful Penalty Reductions

When calculating penalties for serious willful violations, employers may be eligible for penalty reductions based on the size of their workforce. The reductions are shown in Table 3 below:

Number of Employees	Percent Reduction
10 or fewer	80%
11-20	60%
21-30	50%
31-40	40%
41-50	30%
51-100	20%
101-250	10%
251 or more	0%

These reductions are applied after considering other factors such as the company’s history of violations and overall safety performance.

Final Thoughts

As OSHA updates penalties each year to keep pace with inflation, employers must remain informed and compliant. These adjustments not only ensure that penalties maintain their deterrent effect but also encourage safer workplace practices. Staying on top of OSHA’s evolving regulations and penalty structures is essential for companies operating in high-risk industries.

If you have questions about these updates or need assistance navigating OSHA’s penalty framework, feel free to reach out for further guidance.