Asbestos Found in Apartment Floor Tile

DEP issued violation notices to a construction contractor in connection with work done inside an apartment. DEP’s inspector found that the contractor employed uncertified workers for an asbestos project, didn't ensure that all workers were wearing personal protective equipment, didn't post asbestos warning signs, didn't bag asbestos-containing material, and failed to water down the area. DEP’s inspector found vinyl floor tiles being removed but strewn about. Lab tests showed they contained asbestos. The contractor argued that the asbestos was embedded in the tiles and wasn't flaking, and that only a small area was involved. The ALJ ruled against the contractor and fined it $21,600. The contractor appealed and lost. The area and number of tiles removed qualified as an asbestos project, and the contractor should have tested the site for asbestos before proceeding.

RPE LLC: ECB App. No. 0900227 (5/27/10) [4-pg. doc.]