Workers from six separate companies renovating Chute Middle School's cafeteria in Evanston were exposed to asbestos, lead and electrical hazards, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) and the Illinois Department of Public Health has determined. Staff and students were on summer break during the July 2014 inspection, which was initiated after OSHA received a complaint that alleged workers were exposed to asbestos and silica on the site.
OSHA has proposed a combined total of $132,040 in penalties to the six companies, which include Nicholas & Associates Inc., of Mount Prospect; F.E. Moran Inc., of Northbrook; Environmental Services Firm Inc., of Evanston; DeKalb Mechanical Inc., of DeKalb; ASAP Environmental Inc., of Cicero; and B.B. Construction Enterprise Inc., of Chicago.
The Illinois Department of Public Health coordinated with OSHA in the investigation. The state may take legal action against entities licensed or regulated by the state that violated state law. Legal action may include, but not be limited to, civil penalties or adverse licensure action consistent with state law.
OSHA's inspection found that onsite asbestos consultant Environmental Services Firm directed F.E. Moran to remove 60 feet of piping that contained asbestos insulation. F.E. Moran did not require its employees to implement engineering controls to limit asbestos exposure or to wear personal protective equipment while cutting the pipes for removal, which created the potential for released asbestos fibers.
OSHA cited F.E. Moran for 10 serious violations, which included failure to comply with existing regulations; failure to determine whether work with asbestos complied with standards; and lack of training and respiratory protection. The violations carry $47, 500 in proposed penalties.
The agency cited Environmental Services Firm for two willful violations for failure to conduct air sampling and initial exposure assessment for asbestos on the project. The company faces penalties of $55,000. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
ASAP Environmental received two serious violations for failure to ensure a competent person conducted exposure monitoring and supervised asbestos removal. The company faces fines of $4,000.
Nicholas & Associates, the general contractor onsite, was cited for directing F.E. Moran's employees to cut the pipes containing asbestos without taking the required precautions. Inspectors also found electrical safety violations. The inspection resulted in two serious violations, carrying proposed penalties of $10,150.
OSHA cited DeKalb Mechanical for four serious violations, carrying proposed penalties of $13,860, for exposing workers to lead-based paint, respirator and hazard communication hazards.
B.B. Construction Enterprises was cited for one serious violation, carrying proposed penalties of $1,530, for failure to collect and properly dispose of debris from asbestos removal operations. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
Each of the six companies has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.