I wish I knew then what I know now: Asbestos & the need for testing
Asbestos was never fully banned in the U.S. and is still being used in building materials to this day.
It was more than 31 years ago when I got my first job as an adjuster with a major insurance company. It was a time when Xactimate was in its DOS version, and we had to share a company terminal to use the estimating program or handwrite our estimates. The company put me through six weeks of claim school and two weeks of estimate training.
I thought I knew everything based on the training I received, and if you asked any of the contractors I worked with back then they would readily confirm that I thought I knew everything.
During the next 17 years, I moved up the ladder becoming a senior adjuster, reinspector/trainer and claim manager. One thing that stuck with me throughout this time was the concept I was taught — that asbestos was banned in 1980, so nothing built after that would need to be tested. The problem with this concept is asbestos was never fully banned in the U.S. and, in fact, asbestos is still being used in building materials to this day.
That said, asbestos testing still needs to be done on every job involving removal of any potential asbestos containing materials (ACM).
When I joined my current company, I discovered we had a policy in place to test every job involving demolition of potential asbestos-containing materials. With my background in claims, I relayed to leadership there was no need to test after 1980 and informed them that insurance companies may not pay for the testing fee on any structure built after 1980 (I denied it myself many times as a claim manager). What I appreciated was they did not say charge it anyway; they said the right thing to do is test, so we test. To help me understand the decision they asked me to research why we had to test for asbestos. I quickly learned that I did not know what I did not know.
I began my research by looking up information through the Environmental Protection Agency (EPA) and discovered the agency’s National Emission Standards for Hazardous Air Pollutants. This mainly addresses commercial buildings and the requirement for testing for asbestos. It also includes four-unit residential buildings. The Occupational Safety and Health Administration (OSHA) addresses asbestos testing that covers residential buildings: OSHA Standard Number 1926.1101 – Asbestos. These federal laws led me to look up state regulations. I investigated several states and found that they follow the standards established by the EPA and OSHA. One thing that neither the current federal nor state laws address is a cutoff date. This means that asbestos testing is still required.
One of the most important things I learned is that asbestos is still used to this day. In 2019, the Georgia Department of Natural Resources’ Environmental Protection Division published a brochure stating that not all asbestos has been banned. “Asbestos containing materials are still being sold and used.” These can include textured paint and patching compounds, textured ceilings, ceiling tiles, insulation, vinyl tiles, and other materials.
If you turn on the TV today, you will at some point see a commercial from an attorney on Mesothelioma. In my prior mindset, I would be asking why these attorneys are still advertising for a cancer that develops in the lining of the lungs 43 years after the material that causes it has been banned. To be clear, asbestos exposure can also cause asbestosis, pleural disease, and lung cancer. According to the Agency for Toxic Substances and Disease Registry, exposure to asbestos particles being inhaled into the lungs can take years, in some cases up to 40 years to manifest symptoms. (Remember that ACMs, though more regulated, are still used.) When performing demolition, a company can potentially release asbestos particles into the air. This can expose the customer, employees, and/or subcontractors to the health risk created by asbestos in building materials.
In conclusion, claims professionals and restoration contractors need to be open to learning about what you do not know. When presented with something that goes against what you have been taught or assumed was right, doing a little extra research can go a long way for the benefit of the customer and ourselves. Asbestos testing is required by law, and most importantly, it is done for the safety of us all. The Ordinance and Law endorsement and asbestos testing may be a good discussion topic for a future article.
Chris Sechrest CPCU, SCLA, is vice president of managed repair programs at BluSky Restoration Contractors, LLC. He spent 17 years in property claims as an adjuster, reinspector/trainer and claims manager before transitioning over to the insurance restoration industry in 2009. Sechrest joined BluSky in 2019.
Opinions expressed here are the author’s own.
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