OSHA Cites Three Contractors for Asbestos and FallHazards at Buffalo, N.Y. High School Construction Project; $99,300 in FinesProposed

OSHA, Sep 21, 2004

BUFFALO, N.Y. -- Failure to adequately protect theirworkers against asbestos and fall hazards has resultedin a total of $99,300 in fines against threecontractors involved in a construction project atGrover Cleveland High School in Buffalo, N.Y.

The U.S. Labor Department's Occupational Safety andHealth Administration (OSHA) cited Ackerman MechanicalSystems Inc. a Grand Island, N.Y. plumbing contractor,Weydman Electric Inc., a Tonawanda, N.Y. electricalcontractor, and Dommer Construction Inc., a Lancaster,N.Y. carpentry contractor, for a total of 33 allegedviolations of the Occupational Safety and Health Act.

According to OSHA area director Arthur J. Dube, theinspection found that Ackerman and Weydman employeeswere exposed to both asbestos and fall hazards of upto 65 feet while working in a crawl space locatedabove the auditorium in the 90-year old schoolbuilding, while Dommer employees were exposed to fallsof up to 13 feet from a covered walkway that was underconstruction.

"Asbestos is often present in older school buildingsand falls are a common and deadly constructionhazard," said Dube. "That's why it is critical forcontractors working on school renovation projects tobe aware of these hazards and to minimize the risk totheir workers by complying with health and safetystandards. There is no good reason for failing to doso."

Specifically, Ackerman faces $46,800 in fines andWeydman faces $37,500 in fines for failing to monitorthe worksite to determine workers' asbestos exposure,inform workers about the asbestos, conduct asbestosremoval work in a regulated area, provide respiratoryprotection and protective clothing, establish trainingand medical surveillance programs for exposed workers,properly remove asbestos from the work area and fromworkers' clothing, post warning signs, inform otheremployers of the type of work being done, designate acompetent person to oversee the work, ensure workingsurfaces had sufficient strength to safely supportworkers and ensure floor openings were securelycovered. Ackerman was also cited for ladder safetyviolations.

Dommer faces a $15,000 fine for an alleged repeatviolation for failing to provide fall protection forworkers constructing the covered walkway. A repeatcitation was issued because OSHA has twice cited thecompany in the past for substantially similar hazards.

Each company has 15 business days from receipt of itscitations and proposed penalties to either elect tocomply 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.