This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.
Fairfax Virginia Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations
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State:
Multi-State
County:
Fairfax
Control #:
US-OL10043BA
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Word;
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How to fill out Clause Dealing With Asbestos And The Landlord Obligation To Remediate Asbestos During Initial Alternations?
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FAQ
What Premises Do the Regulations Apply to? The Control of Asbestos Regulations 2012 applies to all non-domestic premises regardless of the nature of business or industry. This includes all industrial, commercial and public buildings such as hospitals and schools as well as factories, offices and shops.
That is to say, even if no law mandates the disclosure of asbestos-containing materials on a property, a tenant can file a lawsuit if their landlord knew or should have known that the building was uninhabitable because of the presence of asbestos, a known health hazard.
Background on the Asbestos NESHAP The list of hazardous air pollutants (HAP), or ?air toxics?, includes specific compounds that are known or suspected to cause cancer or other serious health effects. Three of the major health effects associated with asbestos exposure are lung cancer, mesothelioma, and asbestosis.
There is no safe amount of asbestos exposure. Even one-time asbestos exposure can lead to asbestos-related diseases such as pleural thickening, lung cancer or mesothelioma.
Regulation 4 of the Control of Asbestos Regulations 2012 obliges the 'dutyholder' to manage the risk from asbestos in non-domestic premises, so to ensure that workers are no longer knowingly exposed to any potential or real risk.
Employers are required to protect their workers from exposure to asbestos, even during disaster conditions. Generally, employers engaged in hurricane recovery operations are required to follow OSHA standards for asbestos in general industry (29 CFR 1910.1001) and/or construction (29 CFR 1926.1101).
Section 11 implies into all residential tenancies that the landlord must keep the structure and exterior of the property in repair. If asbestos is present in the roof or an external wall it will therefore be part of the structure or exterior and will come within the landlord's responsibility to keep in repair.
The landlord should provide an asbestos survey as it is their duty as owner to have assessed the risk of asbestos in the premises. There is no cut-off date for when the Asbestos Regulations apply.
As a tenant, you have a right to a livable home. As asbestos is a hazardous substance, exposed asbestos must be dealt with by your landlord. The Occupational Health and Safety Administration (OSHA) has regulations to protect the right of tenants by placing duties on landlords themselves.
