March 31, 2003—A North Adams, Mass., asbestos removal contractor’s failure to maintain accurate records of its workers’ exposure to asbestos has resulted in a total of $50,900 in fines from the U.S. Labor Department’s Occupational Safety and Health Administration.
GEM Environmental Services has been cited for alleged willful and serious violations of the Occupational Safety and Health Act following an OSHA inspection begun Jan. 3, 2003, in response to an employee complaint.
OSHA’s inspection identified eight instances where the company intentionally failed to accurately record or keep measurements of employees’ asbestos exposure during an asbestos removal job at Berkshire Medical Center in Pittsfield in the summer of 2002, explained Ronald E. Morin, OSHA’s Western Mass. area director. He noted that inhalation of asbestos fibers by workers can lead to serious lung diseases over time.
As a result, OSHA has cited GEM Environmental for an alleged willful violation, the most severe category of OSHA citation, and proposed a fine of $44,000. A willful violation is defined by OSHA as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
An additional $6,900 in fines was proposed for six hazards classified as serious. They involve failure to monitor employees’ asbestos exposure while cleaning equipment at GEM’s headquarters; failure to calibrate air sampling pumps; missing or incomplete records of respirator use, pump calibration and duration times; and a defective power cord.
OSHA defines a serious violation is one in which there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard.
For more information, contact OSHA.
