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(c) 2016 Jon L Gelman, All Rights Reserved.

Friday, April 24, 2015

First Capital Insulation faces $490K in fines for willfully allowing unsafe asbestos removal

Workers safely remove asbestos.
Source: OSHA.gov
YORK, Pa. – Nearly invisible to the eye, asbestos* fibers can literally take someone's breath away. Fibers in the air can be inhaled unknowingly and trapped in the lungs. Regular exposure to asbestos can cause serious respiratory illness and several forms of cancer.

Three workers removing thermal pipe insulation at an unoccupied residence on North Second Street in Harrisburg were exposed to these serious risks because their employer failed to protect them properly.

U.S. Department of Labor Occupational Safety and Health Administration inspectors found that First Capital Insulation Inc. of York regularly exposed employees to asbestos hazards.

"Asbestos exposure can cause chronic lung disease and cancer. With the right safeguards, employees can be protected from these deadly hazards," said Kevin Kilp, director of OSHA's area office in Harrisburg. "We found employees removing insulation containing asbestos without first wetting the material, which reduces the danger of exposure. A little water could have made all the difference and the company knew this."

First Capital Insulation faces a $490,000 penalty for seven willful violations, including allowing workers to remove asbestos improperly; failing to make sure their employees' respirators fit correctly; and not decontaminating employees and their clothing before leaving the work site.

The clothing of workers who handle asbestos creates a significant risk for secondary exposure. Its microscopic particles can easily attach to hair, skin and clothes. If the worker and his clothing are not properly cleaned before leaving the work site, others with whom the worker has contact risk secondary exposure. A worker who fails to change out of asbestos-contaminated clothing before returning home can leave fibers embedded in couches, chairs, carpets, beds and other furniture.

OSHA requires employers to treat thermal system insulation and surfacing material found in buildings constructed before and in 1980 as asbestos, unless they can prove that the material is free of asbestos. In this inspection, the building was built in 1928, and the company made no attempt to test the removed materials.

To read the citations, visit http://www.osha.gov/ooc/citations/FirstCapitalInsulationInc_1002754_0420_15.pdf*.

First Capital Insulation is an environmental services company. It provides asbestos, lead abatement and insulation installation services. The company has 15 business days from receipt of its citations and proposed 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.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.