OKAWVILLE, Ill. — As they did the hard work of
removing floor tiles, insulation and other materials at what was once an
elementary school, employees of two Illinois companies were unaware that they
were exposed to deadly asbestos fibers.
An investigation by the U.S. Department of Labor's
Occupational Safety and Health Administration has found that Joseph Kehrer,
Kehrer Brothers Construction and a Kehrer-affiliated company, D7 Roofing, which
employed some of the workers, violated numerous OSHA health standards related
to the dangers of asbestos.
Kehrer Brothers and Joseph Kehrer face $1,792,000 in
penalties for willfully exposing at least eight workers to asbestos. OSHA
inspectors determined that Kehrer and supervisors of the Albers, Illinois-based
company told employees to remove asbestos-containing materials during
renovation of the former Okawville school. OSHA also placed Kehrer Brothers in
its Severe Violator Enforcement Program.
Many of the workers came to the U.S. to work for Kehrer
under the provisions of the H-2B visa program that allows companies to hire
foreign workers temporarily. The investigation also found the Kehrer management
threatened some workers with termination if they spoke with OSHA inspectors.
"Kehrer Brothers Construction brought non-English
speaking workers to the U.S. and knowingly exposed them to asbestos," said
Dr.
David Michaels, assistant secretary of labor for occupational safety
and health. "Kehrer also threatened to fire his employees if they spoke
with our investigators. This is outrageous, illegal behavior. We at OSHA will
do everything in our power to ensure this employer stops endangering his
employees."
On Aug. 10, OSHA cited Kehrer and Kehrer Brothers for 16 egregious,
nine willful and six serious violations. OSHA inspectors also found that Kehrer
and the companies failed to warn employees, some of whom spoke only Spanish, of
the danger — even though they were aware of the asbestos hazard. They also failed
to ensure that workers used appropriate work methods and respirators, and to
train them about the hazards of working around asbestos.
Asbestos exposure occurs when workers cut and sand
asbestos-containing building materials, releasing asbestos fibers that can be
inhaled without proper protection. Asbestos can cause lung disease and
mesothelioma, a cancer of the lining of the lung or stomach that is nearly
always fatal. Asbestos fibers also remain on clothing and transfer to other
surfaces such as upholstery and carpets, creating a danger of secondary
exposure for others.
In its citations, OSHA alleges that Kehrer and Kehrer
Brothers Construction failed to:
Provide basic personal protective equipment such as hard
hats, eyewear and protective clothing.
Create a decontamination area for employees to remove
work clothing before leaving the worksite.
Use appropriate work methods to minimize asbestos
exposure, such as removing tiles intact and using wet methods to keep asbestos
fibers from becoming airborne.
OSHA also cited D7 Roofing for one serious and two
willful violations. The willful violations were for not training the workers or
informing them about the presence of asbestos-containing material. The serious
violation was for failing to conduct inspections as required by law. Proposed
penalties total $147,000.
Following its investigation, OSHA made referrals to the
U.S. Environmental Protection Agency and the U.S. Small Business
Administration.
Kehrer Brothers Construction has an extensive prior
history with OSHA and has been inspected 11 times since 2007. At the time of
the 2015 inspection, Kehrer Brothers Construction and D7 had workers'
compensation insurance through American Zurich Insurance Co.
Current citations on Kehrer Brothers are available here, while citations issued to D7
Roofing are available here.
The company has 15 business days from receipt of its
citations and penalties to contest the findings before the independent
Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a
complaint, or report amputations, eye loss, workplace hospitalizations,
fatalities or situations posing imminent danger to workers, the public should
call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Fairview
Heights office at 618-632-8612.
Under the Occupational Safety and Health Act of 1970,
employers are responsible for providing safe and healthful workplaces for their
employees. OSHA's role is to ensure these conditions for America's working men
and women by setting and enforcing standards, and providing training, education
and assistance. For more information, visit http://www.osha.gov.
Source: Department of
Labor
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