Public Employee Press


OSHA finds "willful" violation
Union fights over asbestos risks at Brooklyn library

"They came in, did their work, and then left all this stuff on the floor. They are putting our members in jeopardy, and that's the problem."
—Eileen Muller Pres., Local 1482

By MIKE LEE

During renovations at Eastern Parkway branch of the Brooklyn Library in Crown Heights, a Local 1482 Brooklyn Library Guild member was exposed to asbestos dust while clearing up debris left by outside contractors.

The member, who does not wish to be identified for fear of retaliation, works as a custodian at the branch.

Last November, the contracted workers failed to give the custodian instructions about what to do with the dusty debris they left behind after pulling shelves off a wall.

Although the contractors wore protective gear, they didn't indicate the debris pile might contain hazardous material.

Brooklyn Library Guild Local 1482 President Eileen Muller was livid. "These contractors failed to follow safety rules," Muller said.

"They came in, did their work, and then left all this stuff on the floor. They are putting our members in jeopardy, and that's the problem," she said.

The union's Safety and Health Dept. has assisted the custodian and is monitoring the situation at the Eastern Parkway library.

OSHA finds violations

After an extensive inspection, the department filed a complaint in December with the U.S. Dept. of Labor's Occupational Safety and Health Administration (OSHA), charging that management exposed workers to asbestos fibers and failed to test the employees for exposure and inform them of the hazardous situation at the library.

After its own investigation, the agency issued its findings on May 10. OSHA found that the workers at the library were "exposed to the hazard of asbestos fibers."

Agreeing with the union's complaint, the feds further concluded that the library did not do an assessment of the potential problems.

The report also said the library failed to determine whether asbestos was present and did not brief library employees about their potential exposure.

Although the report could not prove that employees were exposed to asbestos levels beyond OSHA's permissible limits, the agency concluded that the Brooklyn Public Library made willful violations and fined the library $70,000.

The library is appealing the decision.

This also angered Muller. Pointing out the library has had similar problems in the past and had fought a previous decision in 2007, Muller said, "They are trying to wriggle out
of paying this fine. But the bottom line is they are putting our members at risk - and that is where I have a problem."

Explaining OSHA's tough punishment, DC 37's Safety and Health Director Guille Mejia said, "You don't get ‘willful' unless there is prior knowledge by the employer. The fact that we had a prior incident for the same thing shows they totally disregarded what they had learned the first time - which is to comply with the law."

In a letter after OSHA issued its findings, the union called upon the agency to uphold its complaint and fine.

"Anything less sends the wrong message and does not provide support to our member who was exposed and is now concerned about developing an asbestos-related disease," said Mejia.