Tennessee Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations

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Multi-State
Control #:
US-OL10043BB
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Description

This office lease clause deals with asbestos and causing the landlord to remediate asbestos during initial alterations.

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FAQ

With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.

Employers must ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 f/cc as an 8-hour time-weighted average (TWA). In addition, employees must not be exposed to an airborne concentration of asbestos in excess of 1 f/cc as averaged over a sampling period of 30 minutes.

Asphalt or cement roofing and siding that contain asbestos, when intact and in good condition, are generally considered nonfriable and are not hazardous. "Nonfriable" means they cannot be broken up by hand pressure. Paper-like vapor barriers can present more of a hazard, since they are considered friable.

Clean Air Act (CAA) (42 USC § 7401 et seq.) This law defines the EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer and includes provisions for the EPA to set national emission standards for hazardous air pollutants, including asbestos.

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.

Asbestos exposures as short in duration as a few days have caused mesothelioma in humans. Every occupational exposure to asbestos can cause injury of disease; every occupational exposure to asbestos contributes to the risk of getting an asbestos related disease.

The Occupational Safety and Health Administration (OSHA) has regulations to protect workers from the hazards of asbestos. . If the exposure has the potential to be above the PEL or EL, employers must use proper engineering controls and work practices to the extent feasible to keep it at or below the PEL and EL.

Asbestos liability means a company is legally responsible for injuries resulting from asbestos exposure. If a court finds a company liable for asbestos exposure related injuries, the individual who was injured may be able to recover damages.

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Tennessee Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations