Citations and Proposed Penalties
Franklin Shoe. Co.
Total Proposed Penalties: $94,000
Two alleged Willful violations, with $80,000 in proposed penalties, for:
- 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.