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January 05, 2009
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Asbestos Hazards Bring OSHA Citations and $115,500 Fine To Newark, N.J. Building Partnership

PARSIPPANY, N.J. -- Failure to protect employees from exposure to asbestos may cost a firm that operates apartment buildings in Newark up to $115,500 in fines from the Occupational Safety and Health Administration (OSHA).

The limited liability partnership, 515 Associates, LLC, owns and operates two multi-tenant apartment buildings in Newark. OSHA cited the firm for 21 serious and two willful violations of safety and health standards following its investigation of a December furnace explosion in one of its buildings. The blast caused asbestos to spew throughout the structure's basement, exposing building employees to the hazardous substance.

According to OSHA Area Director, David Ippolito, the inspection began Dec. 18, following a referral from the Newark Fire Department.

OSHA alleges the employer willfully violated OSHA standards by failing to use engineering controls or work practices in all operations involving asbestos, failing to train employees who perform housekeeping operations, and failing to institute a training program for all employees performing Class I through IV asbestos work. The willful violations carry a total proposed penalty of $70,000.

"The willful nature of the violations is unmistakable," Ippolito said. "Despite numerous requests from its employees, the employer failed to take adequate measures to protect them from the hazards of airborne asbestos."

A willful violation is defined by OSHA as one committed with intentional disregard for, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

The serious citations carry a total proposed penalty of $45,500 for alleged violations related to the asbestos exposure and other hazards. A serious violation is defined as a condition where there is a substantial possibility that death or serious physical harm can result.

The inspection was conducted by OSHA's Parsippany, N.J. office, 299 Cherry Hill Rd., Suite 304, telephone (973) 263-1003.

The firm has until July 8 to contest OSHA's citations. A summary of the serious citations is attached.

If you have ever been exposed to asbestos directly or indirectly, you may need an attorney specializing in the field of Asbestos and Asbestos related litigiation. Contact an Asbestos Lawyer in Richmond now and obtain a free case review!

 
Did You Know?    
 
 
Asbestos medical recordkeeping standards are 30 years
The employer must keep an accurate record of all exposure measurements taken to monitor employee exposure to asbestos. This record must be kept for 30 years. The employer also must maintain an accurate record for each employee subject to medical surveillance. This record must be maintained for the duration of employment plus 30 years.

 


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Asbestos Lawyers.com Terms

 


Today's Terms

Class IV asbestos work

Definition:
Means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.

Risk Ratio

Definition:
The ratio of the risk among persons with specific risk factors compared to the risk among persons without risk factors. A risk ratio greater than 1 indicates greater risk of disease in the exposed group compared to the unexposed.

ACTS

Definition:
Asbestos Contractor Tracking System - Asbestos Demolition/ Renovation, and Asbestos Contractor Tracking System in some states is an EPA system

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If you live in the following cities and need an Asbestos attorney you should contact our Asbestos Attorney as soon as possible:

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