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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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Standard Interpretations
08/06/1986 - Professional liability insurance for asbestos abatement consultants. |
Standard Interpretations - Table of Contents |
| • Standard Number: | 1910.1001; 1926.1101 |
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August 6, 1986 The Honorable Quentin M. Burdick United States Senate Washington, D. C. 20510 Dear Senator Burdick: This is in response to your letter of July 7, concerning your constituents, Mr. Glen R. Winter and Ms. Lynn Lammer of Midwest Asbestos Consultants, Inc., in Fargo, North Dakota. These individuals expressed concern about the extreme difficulties asbestos abatement consultants are experiencing in obtaining professional liability insurance at an affordable price. The Occupational Safety and Health Administration (OSHA) is a standards setting and enforcement agency that deals with matters of occupational safety and health. Although we can appreciate the concerns of your constituents, we are not in a position to address their difficulty with insurance as OSHA has no experience or jurisdiction in that area. Correspondence about problems such as those of concern to your constituents should be addressed to the Department of Justice at the following address: The Honorable Richard K. Willard Assistant Attorney General Civil Division Department of Justice Room 3143 10th and Constitution Avenue, N.W. Washington, D. C. 20530 Thank you for your interest in this important matter. Sincerely, John A. Pendergrass Assistant Secretary June 24, 1986 Senator Quentin N. Burdick United States Senate Washington, D.C. 20510 RE: SENATE BILLS S2300 & S2083. Dear Senator Burdick: We wish to applaud and encourage your efforts to strengthen and expand present legislation dealing with the hazards associated with exposure to asbestos fibers. Previous bills and regulations seemed deliberately designed to skirt the issue but S2300 and S2083 appear to face the issue squarely by demanding appropriate action. An additional step worthy of your consideration is to also address the extreme difficulties asbestos abatement consultants are experiencing in obtaining professional liability insurance at an an affordable price (at any price in many instances). It is a paradox that we who have the training, expertise and experience necessary to assist in alleviating the asbestos hazard are penalized and effectively prevented from doing so by the lack of liability insurance. Somehow, we must convince or force the insurance industry to recognize the fact that consultants and contractors who are trying desperately to correct this hazardous situation should not be classified as equivalent risks to those manufacturers who caused the problem. There is no basis for comparison of the potential liabilities. Further, the overall potential for asbestos injury claims is being heightened by discouraging our abatement efforts; thus prolonging the exposure to a hazardous situation. Again, we fully support your efforts. If you can also address the insurance dilemma, you will be performing an invaluable service to every building owner in America as well as the people who occupy those buildings. Respectfully, Midwest Asbestos Consultants, Inc. Glen R. Winter Manager Lynn Lammer General Manager July 7, 1986 Mr. John A. Pendergrass Assistant Secretary Occupational Safety and Health Administration 200 Constitution Avenue Washington, D.C. 20210 Dear Mr. Pendergrass: I have received the attached letter from a consulting firm specializing in asbestos removal. I would appreciate your review and advice on the questions raised on insurance premiums. With kind regards, I am Sincerely, Quentin N. Burdick |
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Standard Interpretations - Table of Contents |
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