Case Study: When Poor Asbestos Advice Led to Legal Action

In a high-profile commercial real estate case, a tenant terminated a long-term lease, claiming the presence of asbestos-containing Spray-Applied Fireproofing (SAF) posed a health risk. This SAF had vermiculite present in the mixture and may have been contaminated with asbestos fibres from the Libby Montana mine. Additional details on Asbestos in SAF originally marketed as an asbestos alternative product here.

Key Findings from the Court’s Ruling:

• Two environmental consultants for the tenant (Eco Abate and ASE) recommended full abatement of the SAF, partly due to its location in the return air plenum. However, subsequent expert analysis confirmed that airborne asbestos levels remained within Alberta’s safety thresholds, and the court ruled that full abatement was not legally required.  
• A Certified Industrial Hygienist (CIH) from WHS later proved that asbestos was in a safe condition and didn't pose a hazard to the occupants.
• The court ruled in favor of regulatory compliance standards, not risk-based toxicology models.

💡 Lesson Learned: The case highlighted that asbestos evaluations conducted by unqualified consultants can lead to unnecessary remediation, financial losses, and legal challenges.

📖 Read the Full Legal Judgment Here →
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Why Alberta OH&S Emphasizes Certified Industrial Hygienists (CIH's)

Alberta Occupational Health & Safety (AB OH&S) has issued clear guidelines stating that asbestos risk assessments should be conducted by qualified professionals—ideally a Certified Industrial Hygienist (CIH).

Key OH&S Recommendations:

• Qualified industrial hygienists should lead asbestos assessments, and asbestos abatement projects.
• Risk assessments must follow industry-accepted methodologies, including air sampling, fibre analysis, and exposure limits.
• Failure to comply with regulations may result in liability for property owners and businesses.

📜 Read the Official AB OH&S Bulletin →