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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8211
A Florida firm is being cited by the Occupational Safety
and Health Administration (OSHA) today for violating asbestos removal standards
in the latest of a series of cases that illustrate the need for focusing
greater attention on the hazards asbestos poses for workers.
The latest case, in Delray Beach, Fla., involves an
employer, John A. Bellavia construction company, using untrained laborers
rather than an asbestos removal contractor to perform demolition work in areas
where they were exposed to asbestos. Penalties totaling $100,800 were proposed
against the Sunrise, Fla., based company for two alleged willful and four
alleged serious violations of asbestos removal standards.
"Exposure to asbestos can cause serious illnesses such as
lung cancer and asbestosis," said Secretary of Labor Alexis M. Herman. "Workers
who handle asbestos must be properly trained in its removal. There is no excuse
for an employer to expose workers needlessly to such dangers."
OSHA Administrator Charles N. Jeffress noted a series of
recent cases where workers had been exposed to asbestos fiber, often used to
insulate older buildings. The Justice Department recently indicted three
Wisconsin men, who were accused of bringing untrained workers from a
Chattanooga, Tenn., homeless shelter to their state to illegally remove
asbestos from a building being demolished. Attorney General Janet Reno said
that there have been nine other prosecutions in other states involving the
hiring of untrained workers, often homeless people or unwary teenagers, to rip
out asbestos.
"The improper removal of asbestos is a threat to the
worker, and OSHA cannot allow any employer to jeopardize the health and safety
of its workers," said Jeffress.
Last June OSHA, the health and safety arm of the U.S.
Department of Labor, cited seven contractors and proposed penalties totaling
$1,650,325 for violating asbestos and lead standards during a demolition and
salvage project at the site of the former Greater Pittsburgh International
Airport.
OSHA's Fort Lauderdale area office began an inspection of
the Bellavia firm after receiving a referral from the Palm Beach County Health
Department concerning ten workers being exposed to asbestos on the Delray Beach
demolition project.
Following the inspection, OSHA fined the construction firm
$84,000 for two willful violations of asbestos standards. The employer violated
the standards by not conducting asbestos removal work within a regulated area
and not training employees about the dangers of asbestos and the precautions
required to protect them from asbestos hazards.
An additional penalty of $16,800 was proposed for four
serious asbestos removal violations. These included failure to:
- determine airborne concentrations of asbestos to which employees were
exposed;
- provide respiratory protection, protective clothing,and
decontamination areas for employees exposed to asbestos;
- use work practices to reduce airborne asbestos and asbestos
contamination, and
- properly label and dispose of waste containing asbestos.
Evidence gathered by OSHA revealed that Bellavia was
informed prior to beginning work that the building contained asbestos. Bellavia
faxed a building survey to an asbestos removal company that listed the sources,
locations and amount of asbestos in the building.
A willful violation is one committed with an intentional
disregard of, or plain indifference to, the requirements of the Occupational
Safety and Health Act and regulations. A serious violation is defined as 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.
John Bellavia has 15 working days to contest OSHA's
citations and proposed penalties before the independent Occupational Safety and
Health Review Commission.
Archived News Release--Caution:
information may be out of date.
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