Landlord's Obligation to OSHA
The United States Occupational Safety and Health Administration (OSHA) mandates safety and health standards that are designed to create a safe working environment for employees in industrial and commercial workplaces. Employers, not landlords, are responsible for identifying and following OSHA regulations. However, there are instances when a landlord is obligated or advised to follow OSHA regulations, as by removing hazardous materials such as asbestos, lead or mold from building sites.
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Asbestos
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When a landlord hires someone to conduct repairs, renovations or upgrades to his property, his property becomes a workplace and the landlord becomes responsible under OSHA regulations for the disclosure, testing and possible removal of asbestos. The regulations require the installation of warning labels, staff training and notifying workers operating in suspected or known areas where asbestos exists. OSHA regulations pertaining to asbestos apply to any building or structure built before 1981.
Lead
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Although lead paint, repair and renovation laws for residential landlords fall under the enforcement and management of the Environmental Protection Agency (EPA), OSHA has its own standards regarding lead paint. While OSHA's Lead in Construction standard is focused primarily on painters employed in the industrial construction industry who work painting pipelines, bridges, tunnels and industrial sites. However, the standard is enforced on any employer "engaged in construction work where an employee may be exposed to lead." Landlords hiring a company or contractor to paint a commercial or residential building may be charged a higher price to cover the costs of working with lead paint. Self-employed painters are not required to follow OSHA standards.
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Mold
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While OSHA does not presently have standards or regulations pertaining to protecting workers from airborne molds, it does provide information and advice about conducting mold remediation and suggests landlords and employers use a qualified remediation company to remove the mold. According to the NOLO consumer-law resource, the following states have passed mold-related laws that set remediation and indoor air-quality standards: California, Indiana, Maryland, New Jersey and Texas. Landlords in San Francisco and New York City must also follow local mold ordinances that protect tenants.
Avoiding OSHA Compliance
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OSHA asbestos standards apply to both large and small landlords. A landlord may be temporarily able to avoid compliance with OSHA asbestos standards by conducting repairs and maintenance work on his own. A landlord can rule out the possibility of asbestos, and thus avoid the need to protect workers conducting repairs, by having a licensed professional inspector conduct testing on the property.
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