OSHA, Sep 21, 2004

BATON ROUGE -- A Lawrenceville, Ga.-based company'salleged failure to protect employees from the healthhazards of asbestos at a Louisiana job site hasresulted in citations and proposed penalties of$44,800 from the U.S. Labor Department's OccupationalSafety and Health Administration (OSHA).

Flint Construction Co. was cited for one allegedwillful and four alleged serious health violationsfollowing an OSHA inspection that began Sept.17, 2003,at a site near French Settlement, La. The company,which has 225 employees, had 25 workers removing andreplacing a petroleum pipeline with pipes wrapped inmastic paper made out of asbestos.

"Asbestos is a recognized health hazard, and employershave a responsibility to protect the health and safetyof their workers," said Greg Honaker, OSHA areadirector in Baton Rouge. "Health standards clearlyrequire protective equipment and other controls toprevent workers from being exposed to this potentiallyharmful substance."

The alleged willful violation was for failing toprotect employees working around asbestos. Theemployer refused to provide respiratory protection andouter clothing to protect against the potentialexposure to asbestos fibers even after bulk samplingrevealed the presence of asbestos. OSHA defines awillful violation as one committed with intentionaldisregard of or plain indifference to the requirementsof the Occupational Safety and Health Act.

The alleged serious violations were for failing toconduct an exposure assessment during an operationinvolving the removal of asbestos, failing to use workpractices to control the potential spread of asbestosfibers, failing to institute a medical surveillanceprogram for those employees engaged in removingasbestos containing materials and failing to designatea competent person to oversee implementing therequirements of the OSHA standard. A serious violationis cited when death or serious injury could resultfrom a hazard about which the employer knew or shouldhave known.

The company has 15 working days from receipt of thecitations to comply, request an informal conferencewith the Baton Rouge area director, or to contest thecitations and penalties before the independentOccupational Safety and Health Review Commission.

Employers and employees with questions about workplacesafety and health can call OSHA's Baton Rouge areaoffice at (225) 298-5458. OSHA's toll-free hotlinenumber may be used to report workplace accidents,fatalities or situations posing imminent danger toworkers. The number is 1-800-321-6742.