City of olean may be fined for asbestos violation

The city of Olean in New York State has been cited by the Asbestos Control Bureau of the state Department of Labor for failing to carry out an asbestos survey before demolishing locker rooms and restrooms at the city’s Bradner Stadium. The work, which involved demolishing structures made of reinforced concrete, was carried out on June 2. Al Jakubowski, a supervisor and industrial hygienist with the Asbestos Control Bureau, said that the bureau issued the citation on June 12 after Department of Labor inspectors visited the stadium locker rooms. Inspectors also visited the location where concrete waste was dumped. After confirming that a citation had been issued, Jakubowski added only that if the city were issued any fines, the amount would be determined by the Albany Department of Labor. Alderman Frank Steffen of D-Ward 7 said he had been told by a Department of Labor official that the fine may be up to $5,000. However, though the fine is relatively small in comparison to the hundreds of thousands of dollars which can be issued for more serious asbestos violations, according to the Department of Labor official, the fine “could only be the beginning.” Olean’s Mayor, David Carucci, has said that no laws were broken during the demolition at Bradner Stadium, and also said that the Department of Labor had never indicated the city could be sanctioned in any way for failing to carry out an asbestos survey. Carucci says the letter from the department only asked whether or not the city had performed a survey. Carucci claims that a survey wasn’t needed, because city officials already knew that Bradner Stadiums’s bathrooms and locker rooms contained no asbestos. “There was a total renovation of the locker rooms in 1977. Because the place was totally rehabbed in 1977, there was no need for an asbestos survey. We’ve done our homework. After 1974, any rebuilding like that did not need an asbestos survey. This is because asbestos was banned by law as a pipe insulating material in 1974. The rehab work carried out in 1977 would have been required to remove any asbestos pipe insulation. However, Alderwoman Linda Edstrom of R-Ward 4 says she’s still concerned about possible liability for the city, and about whether workers at the site were exposed to any hazards. Several Common Council members have expressed opposition to the demolition because they say Mayor Carucci did not inform the council or the public about the work. In response, the Mayor said the council had already passed resolutions supporting the project, and he didn’t feel he would need to give them warning when the work began. (Source: Asbestos and Mesothelioma News)