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Region 3 News Release:     04-1503-PHI (osha-04-111)
Date: Wed., Aug. 25, 2004
Contact: Leni Uddyback-Fortson
Office: (215) 861-5102


OSHA Cites 11 Construction Contractors For Asbestos Hazards
More Than $217,000 Proposed In Penalties

PITTSBURGH, Pa. -- The U.S. Labor Department's Occupational Safety and Health Administration has cited 11 contractors including AKJ, Inc., d/b/a Martin Enterprises, Inc. and Marous Brothers Construction for hazards involving asbestos removal and other alleged safety and health violations identified at the construction site of the conversion from an industrial complex to loft apartments in Pittsburgh, Pa.

Marous Brothers, an integrated construction firm headquartered in Willoughby, Ohio, is general contractor for the project, and has 30 employees working at the site. Martin Enterprises is an excavation and demolition contractor located in Cleveland, Ohio, and has 20 employees working at the project site.

OSHA initiated the inspection in February 2004 in response to a complaint alleging the improper removal of asbestos-containing material from piping on the project. The project site was also inspected in October 2003 and citations were issued to both Martin Enterprises and Marous Brothers Construction.

As a result of the most recent inspection, two Failure-to-Abate Notices were issued to Martin Enterprises with a total penalty of $56,000 for not abating violations previously identified. Citations were also issued for 16 serious violations with a penalty of $36,400; three repeat violations, with a penalty of $24,000; and one other-than-serious violation, which carries no penalty.

Marous Brothers received one Failure to Abate Notice with a total penalty of $25,000. Citations were also issued for eight serious violations, with a penalty of $18,500, two repeat violations, with a penalty of $17,500; and three other-than-serious violations, with no penalty.

"These companies were notified of the problems in its safety and health program and of the risk to workers," said U.S. Secretary of Labor Elaine L. Chao. "OSHA's first commitment is to protect workers from tragic workplace accidents. We stand ready to assist employers to make their workplaces safe, but we will fully enforce standards when we must."

Serious violations are those in which a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The company has 15 working days to contest the OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

The investigation was conducted by OSHA's Pittsburgh area office, located at 1000 Liberty Avenue, Federal Building, Room 1428, telephone (412) 395-4903.

The U.S. Labor Department's Occupational Safety and Health Administration conducted almost 40,000 inspections in fiscal year (FY) 2003, an increase of more than 2,000 over (FY) 2002 inspection levels; more than half focused on high-hazard industries. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.


# # #

See attached for full list of penalties assessed.

Heinz Loft Project Inspection Violation Summary

COMPANY PENALTIES VIOLATIONS
Martin Enterprises, Cleveland Ohio
$116,400
Asbestos hazards
Lack of respirator use
Lack of protective clothing
Lack of fall protection
Noise exposure
Lack of lead compliance program
Marous Brothers Construction, Willoughby, Ohio
$61,000
Asbestos hazards
Unprotected floor holes
Lack of lead compliance program
Mike McGarry & Sons, Cleveland, Ohio
$24,075
Lack of hazard communication program and training
Lead overexposure
Lack of respirator use
Noise exposure
Use of defective ladders
Phoenix Roofing Inc., Coraopolis, Pa.
$7,500
Unprotected 500 gallon propane tank; Unsecured and unmarked hole covers
Franco, Pittsburgh, Pa.
$5,000
Fall hazard
McKamish Inc., Pittsburgh, Pa.
$1,125
500 gallon propane tank not protected against vehicular damage
Miller Electric Construction, Allison Park, Pa.
$ 975
Use of defective ladders
Mariani & Richards Inc., Pittsburgh, Pa.
$ 525
Insufficient scaffold planking
Pitt Services Inc., Division of Pitt. Ind. Diamond Products, Irwin, Pa.
$ 525
Poor housekeeping
Fast Track Interiors Ltd., Painesville, Ohio
$ 450
Poor housekeeping; Scaffold casters and wheels not locked
Zeus Construction Inc., Pittsburgh, Pa.
$ 0
Lack of hazard communication training program
TOTAL
$217,575
 

U.S. Labor Department releases are accessible on the Internet at <http://www.dol.gov>. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755.
Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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