Asbestos Removal Violations Net Citations, Fines for Companies

Buffalo, NY (WorkersCompensation.com)- Millions of people are exposed to asbestos in the workplace annually, mainly because of the wide use of the substance in the past. While regulations have reduced the risk of workplace exposure, there is still a risk for workers in certain occupations. That exposure can cause severe medical conditions, especially when fibers are breathed in over long periods. Diseases such as asbestosis, lung cancer, and mesothelioma are potential results. That is why regulators stress the need for employers to always make sure a work environment is safe for their workers when asbestos is involved.  A Jamestown, N.Y. contractor did not ensure the safety of his workers when it came to the disposal and removal of asbestos and has been cited and fined by OSHA.

OSHA has hit Rex Harper, DBA as REH Property Maintenance , with a massive fine for the improper removal and disposal at the company Superior Door & Trim Co. Inc. The fine totals approximately $168,772. Superior Steel Door & Trim Co. Inc. contracted with REH to remove asbestos from piping. An OSHA spokesperson tells WorkersCompensation.com the agency “opened inspections with both Rex Harper/REH and Superior Steel Door & Trim Co. Inc. following a complaint regarding employee exposure to asbestos during the asbestos removal and disposal.”

According to the Citation and Notification of Penalty, the following are among the Serious violations against Harper: 

• An employee was instructed to use a power saw to cut piping covered in Thermal System Insulation (TSI) that was Asbestos Containing Material (ACM). The employer did not ensure the use of engineering controls in the form of wet methods or wetting agents to control employee exposures during asbestos removal, cutting, and cleanup.
•  Another employee was instructed to use a power saw (i.e. Sawzall) to cut pipe covered in TSI that was ACM as he wore street clothes and boots. Asbestos contaminated clothing worn by the employee was not transported in sealed impermeable bags or other closed impermeable containers.
• The employer did not provide or require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each worker that was exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit.

OSHA’s inspection of Superior Steel Door & Trim Co. Inc.  also resulted in Serious Violations, including the following: 

• The company failed to provide a safe place to ride for a worker using a powered industrial truck from an unsecured plastic pallet raised by a Toyota forklift truck to gain access to the ceiling area to clean dirt using an air nozzle. The employee was exposed to a fall of approximately 8 feet to the concrete floor.
• The building owner did not determine the presence, location, and quantity of asbestos containing material and/or presumed asbestos containing material at a jobsite before asbestos-removalwork began.
• The employer did not develop, implement, and/or maintain a written hazard communication program at the worksite, even though employees use various hazardous chemicals to paint the first-floor walls.

Before these citations, neither REH Property Maintenance or Superior Steel Door & Trim Inc. had undergone any prior OSHA inspections. Harper did not respond to the citations, request an informal conference or submit a letter to contest the violations prior to the deadline to take action. As a result, the citations and fines have become final.

Superior Steel Door & Trim Co. Inc., was facing penalties totaling $12,124. The company met with OSHA and reached a settlement agreement to pay an amended penalty of $8,000.

In a press release OSHA's Buffalo Area Director, Michael Scime, stated: "Asbestos is a known human carcinogen and can cause chronic lung disease, lung cancer, and employers are legally obligated to comply with OSHA standards on toxic and hazardous substances to ensure workers are protected from exposure."

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