Asbestos Inspector Held Liable under WISHA for Inadequate Survey
Under Washington law, an owner must have an existing structure surveyed for the presence of asbestos prior to any renovation or demolition (RCW 49.26.013). In this case, SPU hired Prezant to conduct the survey. When Prezant finished the survey (and abatement of discovered asbestos), SPU brought in Democon for the demolition and during that operation 10 workers were exposed to asbestos which had not been detected by Prezant.
L&I cited Prezant for a serious violation of WISHA and associated regulations and Division 1 affirmed, holding that Prezant's certified inspector failed to conduct the survey in accordance with applicable rules. Specifically, the inspector failed to take samples from the vinyl floor on the second floor because the inspector believed (incorrectly) that the flooring was the same color or texture as the sample he had obtained from the first floor.
Copy of decision also available here Download file