South Carolina Asbestos Regulations – Deadlines, Liability, & Lawsuits

It is vital for all property owners to know South Carolina’s asbestos regulations when it comes to property inspection, abatement, and removal services. Whether you are planning a new construction, demolishing a property, renovating a property, or selling a property, these regulations dictate how asbestos is identified and handled.

If you work in any industry that involves the risk of asbestos exposure, it is important to understand the regulations that apply not only to the work you specifically do but also those that apply to your employer’s obligations for maintaining the safest working conditions possible. Wallace & Graham can help you determine your legal options if an employer has failed to meet these requirements and you have been diagnosed with any asbestos-related medical condition.

Important South Carolina Asbestos Regulations

Every state enforces various regulations aimed at mitigating the health risks associated with asbestos-containing materials. South Carolina not only enforces applicable laws at the state level, but there are also various federal laws that must be followed when it comes to asbestos risks in various types of projects.

In South Carolina, South Carolina Code, §44-87-10 pertains to asbestos licensing procedures, explaining how these licenses are obtained, what type of authority these licenses confer to holders, and the penalties associated with violating state asbestos licensing laws. South Carolina Code, §44-135-10 explains the legal procedure for filing asbestos claims to state regulatory bodies, such as the South Carolina Department of Environmental Services.

At the federal level, the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) uphold various laws pertaining to asbestos. EPA, 40 CFR Part 61, Subpart M covers all national emission standards for renovation and demolition projects, carefully outlining all requirements for asbestos. OSHA, §1926.1101 covers all federal safety and health regulations pertaining to asbestos in US workplaces.

Compliance With South Carolina Asbestos Regulations

If you are involved in any type of work that could potentially mean exposure to asbestos, such as construction, demolition, or renovation, it is crucial to understand and follow all applicable state and federal regulations. Failure to do so can not only lead to severe penalties, including heavy fines, but also civil liability if anyone is exposed to asbestos due to any other party’s regulatory noncompliance.

Asbestos exposure is the only known cause of mesothelioma, an incurable and terminal form of cancer that can take years or even decades to cause noticeable symptoms. Many people diagnosed with this condition were exposed many years ago, and it can be difficult for them to determine when and where they were exposed.

The parties responsible for their exposure can face substantial liability for damages, including medical expenses, lost income, and physical pain and emotional suffering.

If you believe you have grounds to file an asbestos exposure claim in South Carolina, the team at Wallace & Graham can help. We have years of experience guiding clients through these cases and have a proven record of successful representation in all types of mesothelioma cases. You may have grounds for legal recourse if another party’s failure to follow South Carolina asbestos regulations has led to your diagnosis.

Your attorney can help you obtain the medical records and other documentation you will need to compile for a strong case. They can also ensure you meet all statutory deadlines for filing your case and assist you with calculating the full scope of the damages you may be able to recover. Our goal in every asbestos exposure case we accept is to help our client maximize their recovery as fully as South Carolina law allows.

FAQs

Q: When Was Asbestos Banned in South Carolina?

A: Asbestos is not fully banned in the United States, and South Carolina follows federal guidance while also enforcing state-level restrictions and regulations. Asbestos regulation began in earnest by the EPA and the OSHA in the 1970s. In 1975, asbestos was formally classified as a carcinogen, and in 1976, it was determined that there is no safe level of asbestos exposure.

Q: Can You Legally Sell a House With Asbestos in South Carolina?

A: Yes, you can legally sell a house with asbestos in South Carolina, but you must disclose the presence of asbestos to potential buyers. Additionally, you may need to pay for formal inspection and/or abatement procedures to limit the health risks of any asbestos-containing materials inside the home. It is also possible to pay for professional removal before listing your home for sale, but you will need to disclose the removal.

Q: Is Asbestos Testing Required in South Carolina?

A: Yes, asbestos testing is required in South Carolina under Regulation 61-86.1, Section VI.D.2. Licensed asbestos inspections are required for thermal system insulation. Regulation 61-86.1, Section VI.C requires a formal written inspection report that carefully outlines what parts of a building have been inspected, sample results, and various other pieces of relevant information. Inspections are often necessary for new construction, renovations, and demolition.

Q: Can I Remove Asbestos-Containing Material From My Home by Myself?

A: No, you should never attempt to remove or even handle any asbestos-containing material in your home. If you identify any type of asbestos-containing material, it is crucial to contact a licensed inspector and arrange for abatement or removal. Abatement can prevent the material from releasing asbestos particles, or removal may be necessary when abatement is not a practical option. South Carolina law requires licensed professionals to handle these procedures.

Q: Can I Sue for Asbestos Exposure in South Carolina?

A: Yes, it is possible to sue for asbestos exposure in South Carolina if the exposure has caused mesothelioma or any other adverse medical complications. You will need to accurately determine the source of your exposure and identify the party responsible, and your attorney can help you assess the full scope of your legal options. You may have grounds to file a claim against a mesothelioma injury trust and/or file a toxic exposure personal injury case.

It is vital to know South Carolina asbestos regulations as they apply to your residential or commercial property. You may need to arrange for inspection, abatement, or removal of asbestos-containing material, and it is crucial to understand the requirements for these processes in the state. Wallace & Graham can help if you are diagnosed with an asbestos-related medical condition, so contact us today to schedule a free consultation with our team.