Asbestos was once a popular construction material, desirable because of the mineral's fire retardant and insulating qualities. Over the years it slowly became apparent that in addition to these attractive traits, asbestos is also the cause of significant illnesses, particularly when particles of the substance become airborne. Unfortunately, asbestos-related illnesses often take decades to be diagnosed and the symptoms can be severe, even fatal.
Both federal and state governments have passed laws and regulations limiting the use of asbestos and setting requirements for the removal, handling, and disposal of asbestos that has been removed from preexisting structures.
Ohio Asbestos Regulation Overview
The following chart provides a general overview of Ohio's asbestos regulations and the penalties for violations.
|Statutes||Ohio Revised Statutes, Title XXXVII, Chapter 3710, Section 3710.01 et seq.|
|Asbestos Removal Regulations||
Ohio asbestos regulations require those engaged in asbestos abatement to apply with the state's director of health for certification or licensure for their activities.
A license or certificate can be denied, suspended, or revoked where the holder:
Those who have been certified or licensed by the department of health for asbestos abatement are only liable for injuries that occur as a result of their negligence.
Violations of Ohio asbestos regulations can result in severe penalties.
The director of health, a prosecuting attorney, city director of law, or other chief legal officer can commence a criminal action against violators and, if convicted, they may be subject to a fine of between $10,000 and $25,000 and imprisonment of between 1-2 years for a first offense.
Repeat offenders face fines of $20,000-$40,000 and imprisonment for 2-4 years.
In addition to criminal liability, the director of health can request that the attorney general commence a civil action to seek civil penalties and injunctions against violators.
If a violation is found the civil court may assess a penalty of up to $5,000. Each day a violation occurs constitutes a separate violation in actions of this kind.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Get a Free Initial Claim Assessment
If you have been harmed by asbestos, or by the improper removal of asbestos materials, you may have a legal claim against those responsible. If you need to remove asbestos from a home or business you may be exposed to liability if you fail to follow the Ohio asbestos regulations. Contact a local attorney for a free initial claim assessment to learn how they can help with your asbestos-related concerns.
Contact a qualified attorney.