Inaccurate Asbestos Exposure Records Lead to Nearly$51,000 in OSHA Fines for North Adams, Mass., Employer

OSHA, Sep 21, 2004

SPRINGFIELD, Mass. -- A North Adams, Mass., asbestosremoval contractor's failure to maintain accuraterecords of its workers' exposure to asbestos hasresulted in a total of $50,900 in fines from the U.S.Labor Department's Occupational Safety and HealthAdministration.

GEM Environmental Services has been cited for allegedwillful and serious violations of the OccupationalSafety and Health Act following an OSHA inspectionbegun Jan. 3, 2003, in response to an employeecomplaint.

OSHA's inspection identified eight instances where thecompany intentionally failed to accurately record orkeep measurements of employees' asbestos exposureduring an asbestos removal job at Berkshire MedicalCenter in Pittsfield in the summer of 2002, explainedRonald E. Morin, OSHA's Western Mass. area director.He noted that inhalation of asbestos fibers by workerscan lead to serious lung diseases over time.

"That's why proper exposure monitoring is so criticalfor workers. It's the tool by which employers canpromptly spot overexposures and take swift, effectivesteps to reduce them," he said. "Otherwise, inaccuratemonitoring leads to inadequate safeguards andincreased risk to employees' health and well-being."

As a result, OSHA has cited GEM Environmental for analleged willful violation, the most severe category ofOSHA citation, and proposed a fine of $44,000. Awillful violation is defined by OSHA as one committedwith an intentional disregard of, or plainindifference to, the requirements of the OccupationalSafety and Health Act and regulations.

An additional $6,900 in fines was proposed for sixhazards classified as serious. They involve failure tomonitor employees' asbestos exposure while cleaningequipment at GEM's headquarters; failure to calibrateair sampling pumps; missing or incomplete records ofrespirator use, pump calibration and duration times;and a defective power cord. OSHA defines a seriousviolation is one in which there is a substantialprobability that death or serious physical harm couldresult, and the employer knew, or should have known,of the hazard.

GEM Environmental has 15 business days from receipt ofits citations and proposed penalties to either electto comply with them, to request and participate in aninformal conference with the OSHA area director, or tocontest them before the independent OccupationalSafety and Health Review Commission. The OSHA areaoffice in Springfield conducted the inspection. Thetelephone number is (413) 785-0123.