Workers taking asbestos samples on roofs are not exempt from fall protection regulations, says L&I
Posted by Richard Frazee on Fri, May 07, 2010 @ 02:42 PM

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.