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White Sands Missile Range Contractors Face $324,000 in Penalties

WHITE SANDS, New Mexico - Two general contractors who have been contracted to do work at the White Sands Missile Range in New Mexico face a total of $324,000 in fines, says the Occupation Safety and Health Administration.

OSHA, charged with protecting the health and safety of the nation’s working people, has cited the two contractors with twelve safety violations for asbestos exposure at a military housing site at White Sands. The administration became involved after receiving a letter from the New Mexico Environment Department which charged that employees of the contractors were removing asbestos pipe from the site without using protective clothing or a protective enclosure to contain asbestos dust.

Balfour Beatty Construction, LLC is a general construction contractor based in the UK. They have been cited for three alleged willful and two alleged serious violations of asbestos standards. The willful violations are for failure to ensure that their subcontractor, C.F. Jordan, was in compliance with asbestos standards; failing to conduct an assessment of asbestos operations; and in failing to have a competent person oversee the asbestos work. The two serious violations are for failing to label materials containing asbestos, and failing to store excavated asbestos in closed and covered containers. Balfour faces $179,000 in fines for the violations.

C.F. Jordan, based in El Paso, Texas, is a subcontractor at the White Sands site. They have been cited for two willful and three serious violations of the asbestos standards. The willful violations are for failure to conduct an assessment of asbestos operations and failure to provide appropriate protective clothing for workers handling asbestos. The serious violations include allowing prohibited work practices; failure to train employees handling asbestos; failure to conduct air monitoring; failure to establish a restricted area for asbestos operations; and failure to provide a trained person to supervise asbestos operations.

Federal guidelines set out very specific guidelines for the handling and removal of asbestos because improper handling can generate dust that contains asbestos fibers. Those fibers have been shown to cause mesothelioma, a rare cancer that affects the lining of the lungs. To date, mesothelioma has no other known causes or risk factors. In addition to exposing their workers to the dangerous substance, the activities of the two contractors potentially put the neighboring community at risk as well.

The OSHA investigation started in June. OSHA investigators found that employees of the companies were cutting and removing underground cement pipes that contained asbestos without wearing protective clothing and gear. The cement pipe was not properly labeled, and was not being stored in a closed, covered container as set out by standards established by OSHA.

Rich Tapio, Lubbock, Texas’ OSHA’s area director, said that the inspection revealed the companies failed to protect their employees from the dangers of handling asbestos.

“Employers must remain committed to keeping the workplace safe and healthful at all times,” Tapio said.

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