NY Developer Cited for Willful Lack of Asbestos Monitoring

OSHA has cited State Assets LLC, a Brooklyn, N.Y., building developer, for 18 alleged willful and serious violations of health and safety standards at a building rehabilitation site in New Haven, Conn. The company faces a total of $48,100 in proposed fines following an OSHA inspection that began June 11 in response to employee complaints.

The citations address a variety of hazards involving the removal of insulation and floor tiles containing asbestos, chemical hazard communication, flammable chemicals, fire protection, electrical safety, and lack of personal protective equipment for employees.

"Employees who were removing asbestos-containing materials at this site lacked basic safeguards that must be in place before performing such work," said Robert Kowalski, OSHA's area director in Bridgeport, Conn. "In addition, they were exposed to serious and potentially fatal fire, electrocution, and chemical hazards."

OSHA's inspection found that State Assets did not monitor the worksite to determine the levels of asbestos to which the employees were exposed, did not establish and mark regulated asbestos removal areas, and did not provide employees with required respirators, eye protection, and protective clothing.

In addition, there were several electrical related hazards including exposed live electrical parts and ungrounded, damaged, or misused electrical cords; no hazard communication training; unlabeled containers of hazardous chemicals; missing material safety data sheets; no fire protection program on the site and failure to replace a discharged and damaged fire extinguisher; containers of flammable chemicals not protected from damage; improper storage of compressed gas cylinders; no eye protection for an employee using a cutting torch; lack of protective gloves; and protruding nails from scrap lumber.

As a result of these conditions, OSHA issued the company one willful citation for the lack of asbestos monitoring and 17 serious citations for the other conditions. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

Detailed information on asbestos hazards and protective measures is available on OSHA's Web site at www.osha.gov/SLTC/asbestos/index.html. State Assets has 15 business days from receipt of its citations and penalties to meet with OSHA or to contest them to the independent Occupational Safety and Health Review Commission.

Download Center

  • The Ultimate Guide to OSHA Recordkeeping

    When it comes to OSHA recordkeeping, there are always questions regarding the requirements and in and outs. This guide is here to help!

  • Lone Worker Safety Guide

    As organizations digitalize and remote operations become more commonplace, the number of lone workers is on the rise. These employees are at increased risk for unaddressed workplace accidents or emergencies. This guide was created to help employers better understand common lone worker risks and solutions for lone worker risk mitigation and incident prevention.

  • Online Safety Training Buyer's Guide

    Thinking of getting an online safety training solution at work but not sure how to evaluate different solutions and find the one that's best for your company? Use this handy buyer's guide to learn the basics of selecting online safety training and how to use it at your workplace.

  • SDS Software Buyer's Guide

    Whether this is your first time shopping for online SDS software or you’re upgrading from a legacy solution, this guide is designed for you to use in your search for the safety management solution that works best for you and your company.

  • Risk Matrix Guide

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • Vector Solutions

OH&S Digital Edition

  • OHS Magazine Digital Edition - November December 2021

    November December 2021

    Featuring:

    • GAS DETECTION
      How to Streamline Gas Detector Maintenance
    • OSHA TOP 10
      OSHA's Top 10 Most Frequently Cited Standards for FY 2021
    • PROTECTIVE APPAREL
      How PPE Can Help You Deal with the Harsh Condition of Winter
    • HEARING PROTECTION
      Tackling Hearing Protection in the Workplace
    View This Issue