About NRCA | Insurance and safety | NRCA Special Reports and updates | Special Report: Asphalt fumes
Feb. 6, 2001
Dear Member:
There is more news to report concerning asphalt fumes
Last month, the National Institute for Occupational Safety and Health (NIOSH) issued "Hazard Review: Health Effects of Occupational Exposure to Asphalt." The document describes the history of the investigation into asphalt fumes and "asphalt paints," which may apply to some roof coatings, mastics and cements. The document cautions that additional studies are needed to "better characterize occupational exposures to asphalt fumes, vapors, and aerosols, and to further evaluate the risk of chronic disease, including lung cancer." However, the report does conclude that fumes from roofing asphalt and roofing paints are a "potential occupational carcinogen."
In the document, NIOSH leaves unchanged its 1977 recommended exposure limit (REL) for asphalt fumes, currently 5.0 milligrams per cubic meter, measured over any 15-minute period. Because there is no available method for measuring total particulate exposures over a 15-minute period, there are no data available that indicate whether current exposures adhere to the new REL.
By itself, the NIOSH report has no regulatory authority, nor do we expect it to trigger any new OSHA actions. The report, however, may be used by some state authorities as a justification for increased regulatory scrutiny of asphalt fumes and asphalt paints; in California, for example, roofing asphalt fumes may soon be listed as a carcinogen under the requirements of Proposition 65.
More troubling is the prospect that the NIOSH document may be mis-used within the roofing industry, or by some in the scientific community, and we are convinced that there is no good reason not to use roofing asphalt - of course with good work practices and with trained workers - on any type of home or building. Work practices that you might consider include such things as using kettles with engineering controls, using low-fuming asphalt, keeping kettles in open areas away from building air intakes, carefully monitoring heating temperatures and using insulated pipes.
To assist you in combating possible misinformation once the NIOSH document is more widely distributed, we have prepared an information piece that you may want to consider using to communicate with home or building owners. That piece is enclosed, along with a checklist for roofing contractors to consider, prepared by our counsel, Stephen Phillips, applicable to roofing products that emit fumes.
It is important to remember, too, that there are a variety of roofing products - not just roofing asphalt - that emit fumes. The checklist applies to the use of solvents, adhesives, certain coatings, and coal tar products, to name just a few.
Copies of the NIOSH document are available from the NRCA office, or from NIOSH by calling 800/356-4674 and referring to Publication No. 2001-110.
As always, we hope you will feel free to call with your questions and comments.
Sincerely,
William A. Good, CAE
Executive Vice President
Ten Steps Roofing Contractors Can Take To Manage Exposures Resulting from Emissions From Roofing Products
In order to manage and reduce potential claims resulting from exposures to fumes, vapors or other emissions from roofing products, roofing contractors should consider taking the following steps:
- Prior to using a manufacturer's material, discuss with the manufacturer the potential emissions from the product, the appropriateness of the material for the contemplated use, and the procedures to be followed to manage and minimize emissions.
- Take into account the potential emissions, fumes or vapors that could possibly arise when planning a job and deciding what materials to use. Try to use materials that pose the least risk of emissions that could be the basis of a claim.
- Make your customer aware, particularly in re-roofing and repair situations, of potential emissions and work with the customer in taking steps to reduce the likelihood of potential claims. For example, when working with hot asphalt, evaluate the feasibility of using kettles with engineering controls, fume recovery equipment, low-fuming asphalt, or other emission control methods, and discuss with your customer the additional costs associated with using such equipment or products. In addition, use good work practices, e.g., keeping the kettle away from building air intakes, doors and windows, to minimize the likelihood of emissions near the building.
- Obtain, review and distribute material safety data sheets to all parties involved in a project well in advance of commencement of the project. If the material safety data sheet includes infeasible procedures, discuss alternative procedures with the manufacturer or switch to a different product.
- Follow manufacturer's and project specifications.
- Schedule the work in such a manner to minimize the likelihood that third parties might be exposed to fumes or vapors emitted from roofing products (e.g., re-roof schools during periods school is not in session, don't apply materials that have the greatest likelihood of creating potentially bothersome emissions when third parties are most likely to be in the area).
- Consider shutting down all HVAC equipment, and close all points of ingress to minimize potential entry of emissions into the building's interior.
- Include a hold harmless and indemnification clause in approved applicator agreements with material manufacturers, stating that the manufacturer will hold harmless and indemnify the contractor against claims due to emissions from the manufacturer's products, provided the contractor has complied with the manufacturer's specifications and recommended procedures.
- Include a hold harmless and indemnification clause in agreements with customers, stating that the customer will hold harmless and indemnify the contractor against claims due to emissions from specified products, provided the contractor has performed the work in accordance with the contract plans and specifications.
- Check with your insurance advisor to be sure that you have insurance coverage to respond to this type of claim. General liability insurance policies will contain a pollution exclusion that the insurance carrier may state excludes coverage; if your insurance carrier takes this position, you will need to obtain an endorsement to your general liability policy or purchase a separate policy to obtain adequate coverage.
Click here for a sample building occupant letter and information for building owners.
