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OSHA Settlement Reminds Real Estate Development and Construction Companies to Prioritize Safety

Posted Thursday, March 31, 2016 5:27 pm
The federal Occupational Safety and Health Administration (OSHA) has reached a settlement with Dover Greens LLC, formerly known as Olivet Management LLC, after citing the New York real estate development and management company for dozens of violations after exposing its own employees and employees of 12 contractors to lead and asbestos hazards.  The workers were exposed while renovating a former psychiatric center in Dover Plains without air sampling, respiratory protection or dust control.  As a result of their exposure to asbestos and lead, workers may experience long-term health impacts.
 
The settlement requires the company to provide site workers with safe and healthful working conditions through the following measures:
 
  • Select and retain a general contractor experienced in a project of this type and magnitude, and as importantly, familiar with lead and asbestos hazards on a construction site, including how to control those and other hazards during the renovation.
  • Retain a qualified safety-consulting firm to monitor the project, and have a safety consultant on site when work is being performed.
  • Ensure that all contractors and subcontractors are trained and competent to perform their jobs, that their onsite supervisors and foremen have completed the OSHA 30-hour course before beginning work, and that they implement a site-specific health and safety program.
  • Ensure that contractors whose employees may come in contact with lead or asbestos have documented training and experience in adhering to OSHA lead and asbestos standards.
  • Not oppose workers compensation claims by employees for illnesses resulting from lead or asbestos exposure.
  • Provide site workers with notice in English, Spanish and Korean of their rights to bring claims under the state workers compensation program.
  • Pay $700,000 in fines over a 10-year period.  If the company fails to comply with the foregoing settlement agreement terms, it will be required to pay an additional $1.7 million in fines immediately after non-compliance is documented.
 
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