Comparison: State vs. Federal
• Rules. Minnesota has incorporated federal regulations established by the federal Occupational Safety and Health Administration (OSHA) governing exposure to asbestos in the workplace. The state has also adopted by reference the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for asbestos. See the national section ASBESTOS for further discussion of the federal standards.
The Minnesota Asbestos Abatement Act has additional requirements for enclosure, removal, or encapsulation of asbestos-containing materials (ACMs). The state’s requirements for asbestos abatement certification are stricter than the federal certification guidelines.
Minnesota has adopted the federal standard for asbestos exposure in general industry (brake and clutch repair, custodial work, and the manufacture of asbestos-containing products. The state has adopted the federal standards for protecting the safety and health of employees during asbestos abatement activities (alteration, repair, demolition, renovation, and removal) by reference.
• Administration and enforcement. The Minnesota Department of Health (DOH) administers and enforces the state asbestos abatement program. The Minnesota Pollution Control Agency (MPCA) has jurisdiction over the administration and enforcement of the asbestos NESHAP provisions, and the Minnesota Department of Labor and Industry (DLI) oversees the workplace exposure requirements.
Asbestos-Related Work Defined
MR 4620.3100 and MSA 326.71
Under the state's Asbestos Abatement Act, "asbestos-related work" is defined as the enclosure, removal, or encapsulation of ACM in a quantity that meets or exceeds 260 linear feet of friable ...