Manufacturer fined $120 million for exposing workers to asbestos
On May the 25th of 2011, OSHA did three things to be sure employers and building owners know, without question, that willful exposure to asbestos will not be tolerated. One, it fined the manufacturer AMD Industries of Cicero Illinois, $945,000 for willfully exposing workers without proper training or equipment. Two, it fined them $252,000 for not telling the workers about the location and content of the mineral, not using "wetting" procedures, not using HEPA filters, not monitoring airborne fiber counts during the work, and not properly disposing of the material. They added another $50,400 in other fines for serious infractions including not having a respiratory program up and running. But the third and potentially most important thing they did was issue a press release on the matter.
I recall my mother saying something about closed doors and not to do things there you don't want the world to know. Well the world and in it, every plaintiff asbestos attorney, knows. The press release did not spell out how many workers were exposed. But I bet every AMD employee remotely involved, any vendor or subcontractor within a mile of the facility, and even the guy that drives the truck that picks up the waste is going to have top shelf legal representation before the week is out. So, to add insult to injury, AMD is looking at significant legal/settlement bills in addition to the $1.2 million in fines.
The moral to the story is the next time you wonder if that tile should be handled properly or if that pipe insulation is really that big of a deal, just remember, OSHA really doesn't like "willful" violations. AMD's quite public shellacking should serve as a good reminder of another rule from my mother regarding ounces of prevention verses pounds of cure.
A link to the release can be found at: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=19899