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• failure to inform the sub-contractor as to the presence of asbestos containing floor tiles and cement and failure to inform Franklin Shoe employees of the removal of asbestos containing material;
• failure to establish a regulated and demarcated work area for removal of asbestos containing material and failure to isolate said area from the rest of the facility; failure to ensure the use of respiratory protection during removal; failure to establish and ensure the use of a cleanup room.

Eight alleged Serious violations, with $14,000 in penalties proposed, for:

• failure to sample for airborne concentrations of asbestos, failure to conduct initial and periodic employee exposure monitoring;
• use of a shop vacuum that lacked a HEPA filter;
• failure to require the use of wet methods during removal and cleanup of asbestos containing material, allowing dry sweeping as a cleanup method, allowing dry scraping and dry chipping of the asbestos containing floor tiles;
• allowing use of garbage bags for disposal of asbestos waste rather than impermeable bags;
• failure to assure intact removal of floor tile;
• warning signs not provided nor displayed during removal of asbestos containing material;
• no training program for employees involved in removal of asbestos containing material;
• project supervisor not qualified as a competent person for overseeing asbestos removal.

Farmington Construction Co.
Total proposed penalties: $900
Two alleged Serious violations, with $900 in cash penalties proposed, for:

• failing to ensure the use of HEPA vacuuming and wet methods for cleaning up asbestos residue and failure to dispose of such residue in leak-tight containers;
• employees not properly trained to perform Class II asbestos removal operations;

Seven alleged Other than Serious violations, with no cash penalties, for:

• no determination of airborne asbestos concentrations;
• exposure monitoring not conducted;
• dry removal of asbestos containing floor tile not done in a regulated area;
• dry sweeping and shoveling of asbestos residue not prohibited during removal;
• respirators not provided and used; no equipment room established for cleanup;
• no competent person designated to ensure worker safety and health during removal.