Health and Safety for Workers, Students, and Families

Workers taking asbestos samples on roofs are not exempt from fall protection regulations, says L&I

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The Washington Department of Labor and Industries (L&I) recently clarified its internal enforcement policy concerning fall protection during asbestos surveys or inspections conducted by contractors, consultants, or other workers on roofs. L&I considers taking asbestos samples to be a work activity and not a roofing activity. Taking samples falls under the requirements of fall arrest/fall restraint—thus, the WAC 296-155-24515(2)(a) exemption DOES NOT APPLY.

Additionally, L&I considers the use of tools to do any destructive activity (including taking samples) to be "work activity" and thus falls under the requirements of fall arrest/fall restraint. Again, the WAC 296-155-24515(2)(a) exemption DOES NOT APPLY.  
  
Bottom line, AHERA Building Inspectors conducting asbestos surveys or inspections with or without sampling activity are NOT exempt from fall arrest/fall restraint requirements.