The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Chicago companies, T2 G.C. LLC, which operates as T2 Construction, and Gramek Construction Inc. for failing to protect workers from asbestos hazards at a job site in May. T2 Construction faces proposed fines of $141,600 and Gramek Construction faces proposed fines of $138,600, for a combined total of $280,200.
"Failing to conduct an asbestos assessment and require workers to wear personal protective equipment when working with material potentially contaminated by asbestos shows a blatant disregard for their health and safety," said OSHA Regional Administrator Michael Connors in Chicago. "Safe and healthful working conditions should be paramount on every job site, and OSHA is committed to protecting workers, especially when employers fail to do so."
T2 Construction was cited for two willful health violations including failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work, and failing to ensure compliance with the asbestos standard as the general contractor. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.
Additionally, T2 Construction was cited for 14 serious violations involving asbestos control procedures, such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, failing to remove tile intact, allowing dry sweeping of dust and residue, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing while performing asbestos work. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Gramek Construction was cited for one willful health violation for failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work. The company also was cited for 24 serious health and safety violations, 18 of which involved violations of asbestos control procedures such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, allowing dry sweeping of dust and residue, failing to implement a respiratory protection program, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing for asbestos work. The remaining six serious safety violations were cited for lack of fall protection and training as well as electrical hazards.
The citations issued to T2 Construction can be viewed athttp://www.osha.gov/ooc/citations/T2GCLLCdbaT2Construction_315512137_1102_11.pdf*
The citations issued to Gramek Construction can be viewed athttp://www.osha.gov/ooc/citations/GramekConstrcutionInc_315512145_1102_11.pdf*
Each company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
For over 4 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
