Chapter 10.4Asbestos Notification

Section § 25915

Explanation

This law requires building owners, whose structures were built before 1979 and contain asbestos, to inform their employees about the presence and risks associated with asbestos in the building. They must provide information on surveys that identify where asbestos is located, handling procedures to minimize exposure, and potential health risks. The notice should also share results from any asbestos-related tests or air monitoring. If owners don't know certain details, they must admit to this in the notice and advise employees to contact public health agencies. However, if an owner prepares an asbestos management plan under a related section, these notice requirements don't apply.

(a)CA Health and Safety Code § 25915(a)  Notwithstanding any other provision of law, the owner of any building constructed prior to 1979, who knows that the building contains asbestos-containing construction materials, shall provide notice to all employees of that owner working within the building concerning all of the following:
(1)CA Health and Safety Code § 25915(a)(1)  The existence of, conclusions from, and a description or list of the contents of, any survey known to the owner conducted to determine the existence and location of asbestos-containing construction materials within the building, and information describing when and where the results of the survey are available pursuant to Section 25917.
(2)CA Health and Safety Code § 25915(a)(2)  Specific locations within the building known to the owner, or identified in a survey known to the owner, where asbestos-containing construction materials are present in any quantity.
(3)CA Health and Safety Code § 25915(a)(3)  General procedures and handling restrictions necessary to prevent, and, if appropriate, to minimize disturbance, release, and exposure to the asbestos. If detailed handling instructions are necessary to ensure employee safety, the notice required by this section shall indicate where those instructions can be found.
(4)CA Health and Safety Code § 25915(a)(4)  A summary of the results of any bulk sample analysis, or air monitoring, or monitoring conducted pursuant to Section 5208 of Title 8 of the California Code of Regulations, conducted for or by the owner or within the owner’s control, including reference to sampling and laboratory procedures utilized, and information describing when and where the specific monitoring data and sampling procedures are available pursuant to Section 25917.
(5)CA Health and Safety Code § 25915(a)(5)  Potential health risks or impacts that may result from exposure to the asbestos in the building as identified in surveys or tests referred to in this section, or otherwise known to the owner.
The notice may contain a description and explanation of the health action levels or exposure standards established by the state or federal government. However, if the notice contains this description, the notice shall include, at least, a description and explanation of the no significant risk level established pursuant to Chapter 6.6 (commencing with Section 25249.5) of Division 20, and specified in Section 12711 of Title 22 of the California Code of Regulations, the school abatement clearance level specified in Section 49410.7 of the Education Code, and the action levels established by state and federal Occupational Safety and Health Act regulations.
The notice requirements specified in this subdivision shall not apply to an owner who elects to prepare an asbestos management plan pursuant to Section 25915.1. In those cases, the notice requirements specified in Section 25915.1 shall apply.
(b)CA Health and Safety Code § 25915(b)  If the owner has no special knowledge of the information required pursuant to paragraphs (3) and (5), of subdivision (a), the owner shall specifically inform his or her employees in the notice required by this section, that he or she lacks knowledge regarding handling instructions necessary to prevent and minimize release of, and exposure to, asbestos and the potential health impacts resulting from exposure to asbestos in the building, and shall encourage employees to contact local or state public health agencies.
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(Amended by Stats. 1989, Ch. 948, Sec. 1. Effective September 27, 1989.)

Section § 25915.1

Explanation

This law allows building owners to create a plan to manage asbestos in their buildings. If they do, they need to tell employees and other owners where asbestos is, what health risks it poses, and that only qualified people should handle it. The plan should also be accessible to these people.

The asbestos management plan must aim to reduce the release of asbestos fibers by listing steps to handle asbestos safely. It should be crafted by someone accredited to prepare such plans, especially for schools. The plan should include a routine maintenance program, emergency procedures, and training for staff. Records proving the plan's implementation should be kept for the building's entire lifespan.

(a)CA Health and Safety Code § 25915.1(a)  An owner may elect to prepare an asbestos management plan for any building subject to this chapter, and in that case may, upon implementation of that plan, comply with the notification requirements of this chapter by providing notice to other owners and all employees of that owner working within the building of the following:
(1)CA Health and Safety Code § 25915.1(a)(1)  The specific locations within the building where asbestos-containing construction materials are present in any quantity.
(2)CA Health and Safety Code § 25915.1(a)(2)  Potential health risks or impacts that may result from exposure to the asbestos.
(3)CA Health and Safety Code § 25915.1(a)(3)  Information to convey that moving, drilling, boring, or otherwise disturbing the asbestos-containing construction material identified may present a health risk and, consequently, should not be attempted by an employee who is not qualified to handle asbestos-containing construction material.
(4)CA Health and Safety Code § 25915.1(a)(4)  The existence and availability of the management plan and a description of its contents.
(b)CA Health and Safety Code § 25915.1(b)  For purposes of this chapter, an asbestos management plan shall be designed to minimize the potential for release of asbestos fibers and to outline a schedule of actions to be undertaken with respect to the asbestos. The plan shall be prepared by a person accredited to prepare management plans for schools pursuant to Section 2646 of Title 15 of the United States Code and shall contain all of the following:
(1)CA Health and Safety Code § 25915.1(b)(1)  The information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25915.
(2)CA Health and Safety Code § 25915.1(b)(2)  A description of an ongoing operations and maintenance program which shall include, but not be limited to, periodic reinspection and surveillance, suggested fiber release episode procedures, measures to minimize potential fiber releases, and information and training programs for building engineering and maintenance staff.
(3)CA Health and Safety Code § 25915.1(b)(3)  Recordkeeping procedures to demonstrate implementation of the plan which shall be maintained for the life of the building to which they apply.
asbestos management plan notification requirements health risks exposure asbestos-containing materials qualified handling fiber release prevention operations and maintenance program employee training recordkeeping procedures building lifespan asbestos fiber release accredited planner periodic reinspection surveillance measures safety training for staff
(Added by Stats. 1989, Ch. 948, Sec. 2. Effective September 27, 1989.)

Section § 25915.2

Explanation

This law requires building owners to notify employees and certain other parties about the presence of asbestos in their buildings. The notice must be provided in writing within 15 days of discovering asbestos and repeated annually. New employees must receive this notice within 15 days of starting work. If new info about asbestos emerges, a supplemental notice is needed within 15 days after each 90-day period.

Disclosure is also required when ownership changes, except for certain common residential buildings where notices may be posted instead. Contractors must inform their employees if they are notified about asbestos. Special rules apply if asbestos is confined to specific building areas or if it is encapsulated and poses no risk of fiber release.

In such cases, notice may be limited to certain employees, with instructions not to disturb the material unless qualified, and guidance on what to do if conditions change.

(a)CA Health and Safety Code § 25915.2(a) Notice provided pursuant to this chapter shall be provided in writing to each individual employee, and shall be mailed to other owners designated to receive the notice pursuant to subdivision (a) of Section 25915.5, within 15 days of the first receipt by the owner of information identifying the presence or location of asbestos-containing construction materials in the building. This notice shall be provided annually thereafter. In addition, if new information regarding those items specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25915 has been obtained within 90 days after the notice required by this subdivision is provided or any subsequent 90-day period, then a supplemental notice shall be provided within 15 days of the close of that 90-day period.
(b)CA Health and Safety Code § 25915.2(b) Notice provided pursuant to this chapter shall be provided to new employees within 15 days of commencement of work in the building.
(c)CA Health and Safety Code § 25915.2(c) Notice provided pursuant to this chapter shall be mailed to any new owner designated to receive the notice pursuant to subdivision (a) of Section 25915.5 within 15 days of the effective date of the agreement under which a person becomes a new owner.
(d)CA Health and Safety Code § 25915.2(d) Subdivisions (a) and (c) shall not be construed to require owners of a building or part of a building within a residential common interest development to mail written notification to other owners of a building or part of a building within the residential common interest development, if all the following conditions are met:
(1)CA Health and Safety Code § 25915.2(d)(1) The association conspicuously posts, in each building or part of a building known to contain asbestos-containing materials, a large sign in a prominent location that fully informs persons entering each building or part of a building within the common interest development that the association knows the building contains asbestos-containing materials.
The sign shall also inform persons of the location where further information, as required by this chapter, is available about the asbestos-containing materials known to be located in the building.
(2)CA Health and Safety Code § 25915.2(2) The owners or association disclose, as soon as practicable before the transfer of title of a separate interest in the common interest development, to a transferee the existence of asbestos-containing material in a building or part of a building within the common interest development.
Failure to comply with this section shall not invalidate the transfer of title of real property. This paragraph shall only apply to transfers of title of separate interests in the common interest development of which the owners have knowledge. As used in this section, “association” and “common interest development” are defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code.
(e)CA Health and Safety Code § 25915.2(e) If a person contracting with an owner receives notice pursuant to this chapter, that contractor shall provide a copy of the notice to his or her employees or contractors working within the building.
(f)CA Health and Safety Code § 25915.2(f) If the asbestos-containing construction material in the building is limited to an area or areas within the building that meet all the following criteria:
(1)CA Health and Safety Code § 25915.2(f)(1) Are unique and physically defined.
(2)CA Health and Safety Code § 25915.2(f)(2) Contain asbestos-containing construction materials in structural, mechanical, or building materials which are not replicated throughout the building.
(3)CA Health and Safety Code § 25915.2(f)(3) Are not connected to other areas through a common ventilation system; then, an owner required to give notice to his or her employees pursuant to subdivision (a) of Section 25915 or 25915.1 may provide that notice only to the employees working within or entering that area or those areas of the building meeting the conditions above.
(g)CA Health and Safety Code § 25915.2(g) If the asbestos-containing construction material in the building is limited to an area or areas within the building that meet all the following criteria:
(1)CA Health and Safety Code § 25915.2(g)(1) Are accessed only by building maintenance employees or contractors and are not accessed by tenants or employees in the building, other than on an incidental basis.
(2)CA Health and Safety Code § 25915.2(g)(2) Contain asbestos-containing construction materials in structural, mechanical, or building materials which are not replicated in areas of the building which are accessed by tenants and employees.
(3)CA Health and Safety Code § 25915.2(g)(3) The owner knows that no asbestos fibers are being released or have the reasonable possibility to be released from the material; then, as to that asbestos-containing construction material, an owner required to give notice to his or her employees pursuant to subdivision (a) of Section 25915 or Section 25915.1 may provide that notice only to its building maintenance employees and contractors who have access to that area or those areas of the building meeting the conditions above.
(h)CA Health and Safety Code § 25915.2(h) In those areas of a building where the asbestos-containing construction material is composed only of asbestos fibers which are completely encapsulated, if the owner knows that no asbestos fibers are being released or have the reasonable possibility to be released from that material in its present condition and has no knowledge that other asbestos-containing material is present, then an owner required to give notice pursuant to subdivision (a) of Section 25915 shall provide the information required in paragraph (2) of subdivision (a) of Section 25915 and may substitute the following notice for the requirements of paragraphs (1), (3), (4), and (5) of subdivision (a) of Section 25915:
(1)CA Health and Safety Code § 25915.2(h)(1) The existence of, conclusions from, and a description or list of the contents of, that portion of any survey conducted to determine the existence and location of asbestos-containing construction materials within the building that refers to the asbestos-containing materials described in this subdivision, and information describing when and where the results of the survey are available pursuant to Section 25917.
(2)CA Health and Safety Code § 25915.2(h)(2) Information to convey that moving, drilling, boring, or otherwise disturbing the asbestos-containing construction material identified may present a health risk and, consequently, should not be attempted by an unqualified employee. The notice shall identify the appropriate person the employee is required to contact if the condition of the asbestos-containing construction material deteriorates.
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(Amended (as amended by Stats. 2012, Ch. 181, Sec. 66) by Stats. 2013, Ch. 605, Sec. 38. (SB 752) Effective January 1, 2014.)

Section § 25915.5

Explanation

If you own a building and need to notify your employees about asbestos, you also have to mail a copy of that notice to other co-owners with whom you have a contract. When another owner, lessee, or operator gets this notice, it means they're aware there's asbestos in the building.

Sending or failing to send this notice won't break any lease agreements, and it doesn't change any rights or duties related to evicting a tenant. If you act in good faith, you're not responsible for any damages claimed by another owner because you followed these rules.

This law doesn't apply to owners in residential common interest developments if they're already following similar asbestos notification rules as per another section (25915.2(d)). The terms "association" and "common interest development" are defined elsewhere in the Civil Code.

(a)CA Health and Safety Code § 25915.5(a) An owner required to give notice to employees pursuant to this chapter, in addition to notifying his or her employees, shall mail, in accordance with this subdivision, a copy of that notice to all other persons who are owners of the building or part of the building, with whom the owner has privity of contract. Receipt of a notice pursuant to this section by an owner, lessee, or operator shall constitute knowledge that the building contains asbestos-containing construction materials for purposes of this chapter. Notice to an owner shall be delivered by first-class mail addressed to the person and at the address designated for the receipt of notices under the lease, rental agreement, or contract with the owner.
(b)CA Health and Safety Code § 25915.5(b) The delivery of notice under this section or negligent failure to provide that notice shall not constitute a breach of any covenant under the lease or rental agreement, and nothing in this chapter enlarges or diminishes any rights or duties respecting constructive eviction.
(c)CA Health and Safety Code § 25915.5(c) No owner who, in good faith, complies with the provisions of this section shall be liable to any other owner for any damages alleged to have resulted from his or her compliance with the provisions of this section.
(d)CA Health and Safety Code § 25915.5(d) This section shall not be construed to apply to owners of a building or part of a building within a residential common interest development or association, if the owners comply with the provisions of subdivision (d) of Section 25915.2. For purposes of this section, “association” and “common interest development” are defined in Sections 4080 and 4100 of the Civil Code.
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(Amended by Stats. 2012, Ch. 181, Sec. 67. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)

Section § 25916

Explanation

If you're working in a building area where construction, maintenance, or remodeling could lead to contact with or disturbance of asbestos, the person in charge must post a clear warning sign. The warning must be very noticeable because of its large size and bright color and should either mention the need for proper training and equipment or specify that the area is restricted to authorized personnel who must use safety gear.

If any construction, maintenance, or remodeling is conducted in an area of the building area where there is the potential for employees to come into contact with, or release or disturb, asbestos or asbestos-containing construction materials, the owner responsible for the performance of, or contracting for, any construction, maintenance, or remodeling in the area shall post that area with a clear and conspicuous warning notice. The posted warning notice shall read, in print which is readily visible because of its large size and bright color, as specified in either subdivision (a) or (b).
(a)CA Health and Safety Code § 25916(a)  “CAUTION. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.”
(b)CA Health and Safety Code § 25916(b)  “DANGER. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. AUTHORIZED PERSONNEL ONLY. RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA.”
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(Amended by Stats. 1989, Ch. 948, Sec. 4. Effective September 27, 1989.)

Section § 25916.5

Explanation

If multiple people own a building, they can agree in writing to let one person handle the notices required by the law. Other owners can use this notice if it meets their legal obligations and they are unaware of any false information or failures to comply by the person who prepared it.

(a)CA Health and Safety Code § 25916.5(a)  When there is more than one owner of a building or part of a building subject to this chapter, the owners may agree in writing to designate one particular owner to prepare any notice required pursuant to this chapter.
(b)CA Health and Safety Code § 25916.5(b)  Any owner, other than the owner preparing the notice, may use a notice prepared by another owner to satisfy the requirements of this chapter if all of the following are satisfied:
(1)CA Health and Safety Code § 25916.5(b)(1)  The notice fully complies with that owner’s obligations under this chapter.
(2)CA Health and Safety Code § 25916.5(b)(2)  That owner does not know that the notice contains false or misleading information.
(3)CA Health and Safety Code § 25916.5(b)(3)  That owner does not know that the owner who prepared the notice has failed to comply with this chapter.
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(Added by Stats. 1989, Ch. 948, Sec. 5. Effective September 27, 1989.)

Section § 25917

Explanation

This law requires building owners to make asbestos-related information, such as surveys, monitoring data, and management plans, available for review and photocopying by other owners and employees or their representatives. This information must be accessible during working hours, including breaks, and located within the building or nearby on the same property where it is convenient for employees. If the building does not have an office, the information should still be accessible at a convenient location. Owners can agree to share a location for providing this information within one building.

An owner shall make available, for review and photocopying, to other owners and all of his or her employees or those employees’ representatives at an accessible place and time, all existing asbestos survey and monitoring data and any asbestos management plan which has been prepared, specific to the building. This place shall be within the building, or another building which is leased or also owned by the owner, located on the same property as the building, and accessible and convenient to employees, and shall be available during employee working hours, including lunch and break periods, if any owner maintains an office or similar facility in the building; if not, the survey, data, and asbestos management plan shall be available at another place, and at a time accessible and convenient to employees and their representatives. Any owner may enter into an agreement with another owner to provide the location where the survey, data, and asbestos management plan is available to employees within one building pursuant to this section.
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(Amended by Stats. 1989, Ch. 948, Sec. 6. Effective September 27, 1989.)

Section § 25917.5

Explanation

This law states that if a system or register for asbestos information is created later on, it must align with and include the requirements outlined in a specific part of the law. This ensures any new systems match the original guidelines set for handling asbestos information.

If an asbestos information system or statewide asbestos register, or both, is established subsequent to the designing of the system and register pursuant to paragraphs (5) and (6) of subdivision (a) of Section 25927, the system or register, or both, as the case may be, shall integrate, be consistent with, and, at a minimum, include all of the requirements of this chapter.
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(Added by Stats. 1988, Ch. 1502, Sec. 1.)

Section § 25918

Explanation

This section states that the definition of “asbestos” in this chapter is the same as the definition given in Section 6501.7 of the Labor Code.

“Asbestos,” as used in this chapter, has the same meaning as defined in Section 6501.7 of the Labor Code.
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(Added by Stats. 1988, Ch. 1502, Sec. 1.)

Section § 25919

Explanation

This law defines what 'asbestos-containing construction material' means. If a manufactured building material has more than 0.1% asbestos by weight, it falls under this definition. This includes materials used for structural or mechanical purposes in construction.

“Asbestos-containing construction material,” as used in this chapter, means any manufactured construction material, including structural, mechanical and building material, which contains more than one-tenth of 1 percent asbestos by weight.
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(Added by Stats. 1988, Ch. 1502, Sec. 1.)

Section § 25919.2

Explanation

This section defines a 'building' for the purposes of this chapter as any part or whole of a public and commercial building, according to a specific U.S. Code from 1989. Importantly, this definition does not include residential homes.

“Building,” as used in this chapter, means all or part of any “public and commercial building,” as defined in Section 2642 of Title 15 of the United States Code, as that section reads on January 1, 1989, except that “building” shall not mean residential dwellings.
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(Added by renumbering Section 25920 (as amended by Stats. 1989, Ch. 948) by Stats. 1990, Ch. 216, Sec. 69.)

Section § 25919.3

Explanation

This law defines an 'employee' as anyone hired or directed by an employer to perform work that is not just casual or incidental in a building covered by this chapter. It also includes people who contract with an owner to provide services that aren't casual or incidental in such buildings.

“Employee,” as used in this chapter, means every person who is required or directed by any employer, to engage in any employment, and who performs that employment other than on a casual or incidental basis in any building subject to this chapter, or any person contracting with an owner who is required or directed to perform services, other than on a casual or incidental basis, in any building subject to this chapter.
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(Added by renumbering Section 25921 (as amended by Stats. 1988, Ch. 1502) by Stats. 1990, Ch. 216, Sec. 70.)

Section § 25919.4

Explanation

This section defines who can act as an employee's representative. It includes the employee's union rep, immediate family members, someone who lives with the employee but isn't related, their attorney, or anyone with power of attorney.

“Employee’s representative,” as used in this chapter, means an employee’s union representative, a member of the employee’s immediate family, a nonrelated member of the employee’s household, and an employee’s attorney or a person with power of attorney.
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(Added by renumbering Section 25922 (as added by Stats. 1988, Ch. 1502) by Stats. 1990, Ch. 216, Sec. 71.)

Section § 25919.5

Explanation

This law defines the term 'Owner' to include anyone who owns, rents, or manages a building or any part of it. It could be the actual owner, someone who leases the building, or even a public organization like the state.

“Owner,” as used in this chapter, means an owner, lessee, sublessee, or agent of the owner of a building or part of a building, including, but not limited to, the state or another public entity.
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(Added by renumbering Section 25923 (as added by Stats. 1988, Ch. 1502) by Stats. 1990, Ch. 216, Sec. 72.)

Section § 25919.6

Explanation

This law defines an 'agent' as someone who helps manage, operate, lease, or perform similar tasks involving a building, following specific rules from the Civil Code.

“Agent,” as used in this chapter, means a person acting in accordance with Title 9 (commencing with Section 2295) of Part 4 of Division 3 of the Civil Code for purposes of managing, operating, leasing, or performing a similar function with respect to a building subject to this chapter.
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(Added by renumbering Section 25923.1 by Stats. 1990, Ch. 216, Sec. 73.)

Section § 25919.7

Explanation

If a property owner intentionally ignores the rules of this law, or gives false information to employees or other owners, they can be charged with a misdemeanor. This might lead to a fine up to $1,000, a year in county jail, or both. The law started on July 1, 1989.

Any owner who knowingly or intentionally fails to comply with this chapter, or who knowingly or intentionally presents any false or misleading information to employees or any other owner, is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000) or up to one year in the county jail, or both. This section shall become operative on July 1, 1989.
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(Added by renumbering Section 25924 by Stats. 1990, Ch. 216, Sec. 74.)