OSHA Cites 11 Construction Contractors For Asbestos Hazards More Than $217,000 Proposed In Penalties

OSHA, Sep 21, 2004

PITTSBURGH, Pa. -- The U.S. Labor Department's Occupational Safety and Health Administration has cited 11 contractors including AKJ, Inc., d/b/a Martin Enterprises, Inc. and Marous Brothers Construction for hazards involving asbestos removal and other alleged safety and health violations identified at the construction site of the conversion from an industrial complex to loft apartments in Pittsburgh, Pa.

Marous Brothers, an integrated construction firm headquartered in Willoughby, Ohio, is general contractor for the project, and has 30 employees working at the site. Martin Enterprises is an excavation and demolition contractor located in Cleveland, Ohio, and has 20 employees working at the project site.

OSHA initiated the inspection in February 2004 in response to a complaint alleging the improper removal of asbestos-containing material from piping on the project. The project site was also inspected in October 2003 and citations were issued to both Martin Enterprises and Marous Brothers Construction.

As a result of the most recent inspection, two Failure-to-Abate Notices were issued to Martin Enterprises with a total penalty of $56,000 for not abating violations previously identified. Citations were also issued for 16 serious violations with a penalty of $36,400; three repeat violations, with a penalty of $24,000; and one other-than-serious violation, which carries no penalty.

Marous Brothers received one Failure to Abate Notice with a total penalty of $25,000. Citations were also issued for eight serious violations, with a penalty of $18,500, two repeat violations, with a penalty of $17,500; and three other-than-serious violations, with no penalty.

"These companies were notified of the problems in its safety and health program and of the risk to workers," said U.S. Secretary of Labor Elaine L. Chao. "OSHA's first commitment is to protect workers from tragic workplace accidents. We stand ready to assist employers to make their workplaces safe, but we will fully enforce standards when we must."

Serious violations are those in which a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The company has 15 working days to contest the OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

The investigation was conducted by OSHA's Pittsburgh area office, located at 1000 Liberty Avenue, Federal Building, Room 1428, telephone (412) 395-4903.