Alaska Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

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US-OL10043BA
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This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.

Alaska Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alterations: In Alaska, landlords have certain obligations when it comes to dealing with asbestos during initial alterations or renovations in their rental properties. The Alaska clause specifically addresses the presence and handling of asbestos, an extremely hazardous mineral commonly found in older buildings. Landlords must comply with the requirements outlined in the clause to ensure the safety of their tenants and adhere to relevant regulations. The Alaska clause places a legal responsibility on landlords to identify and remediate asbestos-containing materials (ACMs) before any initial alterations or renovations take place. It is crucial for landlords to be aware of Alaska's asbestos regulations and stay up to date with any changes to ensure compliance with the law. There are several types of Alaska clauses that deal with asbestos and the obligations of landlords regarding remediation during initial alterations: 1. Notification Clause: This type of clause requires landlords to notify their tenants about the presence of asbestos in the rental property. Landlords must inform tenants about the presence of ACMs and any planned alterations or renovations that may disturb these materials. This clause ensures that tenants are aware of potential risks and allows them to take necessary precautions. 2. Inspection and Testing Clause: Landlords may include an inspection and testing clause, which requires them to hire certified asbestos professionals to evaluate the presence of ACMs before any alterations or renovations commence. This clause ensures a thorough assessment of the property's condition and confirms the presence of asbestos, if any. Inspection and testing help landlords determine the extent of asbestos-related risks and plan appropriate remediation measures. 3. Remediation Clause: The remediation clause outlines the landlord's obligation to address any ACMs found during the inspection. It requires landlords to hire qualified professionals to safely remove or encapsulate the asbestos materials according to Alaska's regulations. This clause ensures that landlords take the necessary steps to protect tenants from exposure to asbestos during alterations or renovations. 4. Record keeping Clause: Some Alaska clauses may include a record keeping requirement, obligating landlords to maintain documentation related to the inspection, testing, and remediation processes. This documentation serves as proof of compliance with the clause's obligations and helps landlords demonstrate their adherence to Alaska's asbestos regulations if needed. 5. Compliance with State and Federal Regulations: Landlords should ensure their Alaska clause aligns with both state and federal regulations regarding asbestos handling and remediation. Federal laws, such as the Asbestos Hazard Emergency Response Act (HERA) and the Environmental Protection Agency (EPA) regulations, may have additional requirements that landlords need to consider. In conclusion, the Alaska clause dealing with asbestos and the landlord's obligation to remediate asbestos during initial alterations is a crucial aspect of rental property management. By incorporating the relevant clauses, landlords proactively address the safety and well-being of their tenants by following proper asbestos handling procedures, complying with legal requirements, and minimizing asbestos-related risks during initial alterations or renovations.

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FAQ

Simple 6 Step Asbestos Management Guide Training. ... Confirm the Presence of Asbestos within your Premises. ... Asbestos Management Plan (AMP) ... Plan any Remedial Actions. ... Communicating the Risk. ... Ongoing Review.

In 1986, OSHA in Standard 29 CFR 1910.1001 established the current permissible exposure limit (PEL) for asbestos in the workplace: (0.1 fibers/cc of air as a time weighed average) [OSHA 2012]. PELs are allowable exposure levels in workplace air averaged over an 8-hour shift of a 40 hour workweek.

Asbestos exposure has been associated with serious lung diseases and cancer. See your doctor if you think you have been exposed to asbestos. Smoking increases the risk of some asbestos-related diseases. If you stop smoking, it will help to protect your health.

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period. The employer must ensure that no one is exposed above these limits.

Asbestos use is not banned in the United States. Asbestos mining ended in 2002 with the closing of the last U.S. asbestos mine. However, it is still legal to import and use the mineral in small amounts. Without a complete ban, many products still legally contain up to 1% of the mineral.

What to do After Asbestos Exposure Wash your body and your clothes. If you've been exposed, immediately washing yourself and your clothes will help limit your exposure. Talk with your employer. If you have concerns about workplace exposure, talk with your supervisor about your working conditions. Talk with your doctor.

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period. The employer must ensure that no one is exposed above these limits. .

All new uses have been banned since 1989 because asbestos is known to cause lung problems, including cancer, decades after high exposures. Children are not typically at risk for these diseases because they do not work in industrial settings; however, some home and school construction projects can disturb old asbestos.

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Alaska Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations