Major Asbestos Remediation Violations Result in $370,000+ in Fines for Two Companies

Major Asbestos Violations Result in $370,000+ in Fines for Two Companies

The Washington Department of Labor & Industries (L&I) has cited two employers for violations that exposed workers to asbestos during the demolition of a Seattle apartment building.

Nov 10, 2014

 

An investigation by Washington’s Department of Labor & Industries (L&I) into a demolition project at a Seattle apartment building found a total of 19 willful and serious safety and health violations. As a result, the two businesses involved in the project have been fined a total of $379,100.

Partners Construction Inc., of Federal Way, Wash., was cited for a total of 14 willful and serious violations and fined $291,950. Asbestos Construction Management Inc., of Bonney Lake, Wash., was fined $87,150 for five willful and serious violations.

The violations were for asbestos exposure to workers, asbestos debris left on site and other violations that occurred during demolition of an apartment building in the Fremont neighborhood. The three-story, five-unit apartment building was originally constructed with “popcorn” ceilings, a white substance containing asbestos fibers, as well as asbestos sheet vinyl flooring.

Asbestos is an extremely hazardous material that can lead to asbestosis, a potentially fatal disease, as well as mesothelioma and lung cancer. Removal of asbestos-containing building materials must be done by a certified abatement contractor who follows safety and health rules to protect workers and the public from exposure to asbestos. The contractor also must ensure proper removal and disposal of the asbestos materials.

Partners Construction Inc., a certified asbestos abatement contractor at the time, was hired by the building owner to remove the asbestos before the apartment building was demolished.

After several weeks, Partners provided the building owner with a letter of completion indicating that all asbestos had been removed. When L&I inspectors responded to a worker complaint, the inspectors found that the removal work had not been done and approximately 5,400 square feet of popcorn ceiling remained throughout, as well as asbestos sheet vinyl flooring.

Partners came back to finish the abatement work; however, due to a prior history of willful violations, L&I was in the process of revoking Partners’ certification to do asbestos abatement work. In May, Partners was decertified and went out of business.

A new company, Asbestos Construction Management Inc. (ACM), owned by a family member of the Partners owner, took over the job using essentially the same workers and certified asbestos supervisor as Partners, and sharing the same equipment.

A subsequent L&I inspection of ACM found many of the same violations as in the Partners’ inspection. L&I has initiated decertification action against ACM.

The employers have 15 business days to appeal the citation.

Penalty money paid as a result of a citation is placed in the workers' compensation supplemental pension fund, helping injured workers and families of those who have died on the job.

Massachusetts Bay Electrical Corp. Cited for Crane Tip-Over, Deaths of Two Employees

Massachusetts Bay Electrical Corp. Cited for Crane Tip-Over, Deaths of Two Employees 

OSHA has issued safety violations in connection with two worker fatalities on Cape Cod, Mass., saying the employer failed to ensure proper crane operation and employee training.

Oct 2, 2014

The deaths of two workers in a crane tip-over on April 12 in Bourne, Mass. could have been prevented if their employer, Massachusetts Bay Electrical Corp., had set up and operated the crane according to the manufacturer's instructions and trained employees in its proper operation, according to findings from an OSHA inspection.

"These deaths were preventable," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "The employer did not refer to or use readily available and necessary information that would have allowed this work to be conducted safely. This lapse placed two workers in harm's way and needlessly cost them their lives."

The employees were working from a raised personnel platform attached to an Elliott 40142 truck-mounted crane. They were working on power lines on the mainland side of the Cape Cod Canal, when the crane overturned and fell more than 150 feet to the ground.

OSHA found that company employees were not properly trained or evaluated on the Elliott 40142 truck-mounted crane prior to use. Supervisors at the job site did not follow procedures for setting up and operating the crane in accordance with the crane's safety manual, even though the manual was in the crane and at the job site. They also did not conduct proper pre-lift planning and other required tests to ensure that the lift could be done safely.

These conditions resulted in OSHA citing Massachusetts Bay Electrical Corp. for two willful violations of workplace safety standards. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

OSHA also cited the company for four serious violations, including not using load charts to determine the crane's minimum boom angle, not using an aerial lift, allowing the crane to operate at greater than 50 percent of the rated capacity for its configuration and for failing to conduct a trial lift of the personnel platform prior to use. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Massachusetts Bay Electrical Corp., which faces $168,000 in fines, has 15 business days from receipt of its citations and penalties to comply, request an informal conference with Gordon or contest the findings before the independent Occupational Safety & Health Review Commission.

NFPA: FIREFIGHTER INJURIES DROP TO THREE-DECADE LOW; HOWEVER, INJURY RATE STILL REMAINS THE SAME, BECAUSE NUMBER OF FIRES HAVE ALSO BEEN REDUCED BY 57 PERCENT

NFPA: FIREFIGHTER INJURIES DROP TO THREE-DECADE LOW; HOWEVER, INJURY RATE STILL REMAINS THE SAME, BECAUSE NUMBER OF FIRES HAVE ALSO BEEN REDUCED BY 57 PERCENT

Based on survey data from fire departments, 45.2 percent of all injuries occurred during fire ground operations, and the majority of those (55.3 percent) were strains and sprains.

Nov 17, 2014

The National Fire Protection Association estimates that 65,880 firefighter injuries occurred in the line of duty in 2013, a 5.1 percent drop from 2012 and the lowest total since the association began tracking firefighter injuries in 1981.

The National Fire Protection Association estimates that 65,880 firefighter injuries occurred in the line of duty in 2013, a 5.1 percent drop from 2012 and the lowest total since the association began tracking firefighter injuries in 1981.

Based on survey data from fire departments, 45.2 percent of all injuries occurred during fire-ground operations, and the majority of those (55.3 percent) were strains and sprains, according to NFPA.

In the November/December edition of the NFPA Journal, the association notes that firefighter injuries have declined significantly since the 1980s and 1990s. However, part of this could be due to the fact that NFPA’s annual survey of fire departments now includes additional questions that separate exposures from injuries, the association says.

Among other highlights, NFPA estimates that:

• 29,760 firefighter injuries occurred during fire-ground operations; 11,800 occurred during other on-duty activities; 4,015 occurred while responding to or returning from an incident; 7,770 occurred during training; and 12,535 occurred at non-fire emergency incidents.
• There were 7,100 exposures to infectious diseases such as hepatitis, meningitis, and HIV in 2013. This amounts to 0.3 exposures per 1,000 emergency medical runs by fire departments last year.
• Some 10,000 injuries, or 15.2 percent of all firefighter injuries in 2013, resulted in time away from the job.
• There were 17,400 exposures to hazards such as asbestos, radioactive materials, chemicals and fumes in 2013, amounting to 16.7 exposures per 1,000 hazardous-condition runs.
• The Northeast reported a higher number of fire ground injuries per 100 fires than other regions of the country.

Injuries at the fire ground have plummeted from a high of 67,500 in 1981 to 29,760 in 2013, a decrease of 55.9 percent, according to NFPA. However, the association notes that the rate of injuries per 1,000 fires has not shown any consistent trend during the period.

The number of fires also has declined steadily since 1981, for an overall decrease of 57.1 percent.

“This suggests the fire-ground injury-rate risk has not changed much since 1981,” the association says.  

Of the major types of injuries that occur during fire-ground operations, sprains and strains accounted for 55.3 percent in 2013; wounds, cuts, bleeding and bruising accounted for 13.8 percent; and burns accounted for 5.1 percent.

The leading causes of fire-ground injuries were overexertion and strain, which led to 26.5 percent of the injuries; and falls, jumps and slips, which led to 22.7 percent, according to NFPA.