$500,000 Fines for “Willful Violations” that Put Workers at Risk of Mesothelioma

After an investigation that uncovered work practices that put many construction workers at risk of malignant mesothelioma, the New Mexico OSHA Bureau has ordered the city of Albuquerque to pay $500,000 in penalties. According to officials from the state’s Occupational Health and Safety Bureau (OSHA), the city demonstrated “plain indifference” to the rules regarding asbestos remediation.

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Asbestos Violation During Construction of Multi-Million Dollar Homeless Complex 

Malignant mesothelioma has been directly tied to exposure to asbestos, a mineral that was frequently used in the construction of buildings before the 1980s. Rigorous safety rules have been enacted regarding how demolition or renovation of asbestos-containing buildings should be managed, but when the city of Albuquerque purchased an old hospital building in 2021 and spent $36,000,000 renovating it, they ignored those regulations, exposing many workers to extensive amounts of the dangerous mineral.

When workers concerned about the risk of mesothelioma complained to OSHA, the agency investigated and found that city project managers had purposely disregarded the health and safety of their employees and the public. Their inquiry found that when the city’s Risk Management Division learned of project managers’ disregard for the dangers, they directed construction crews to stop the work, but those project managers ignored the instructions. According to OSHA, this represents two “willful” serious violations.

Six Federal Safety Violations Lead to Fines, Leave Workers Fearing Mesothelioma

The safety agency cited the City of Albuquerque for six federal safety violations, the most egregious being the failure to protect employees from the risk of mesothelioma by exposing them to hazardous materials and improper disposal of asbestos waste.  The city and the agency agreed to a settlement in which Albuquerque must pay $219,552 for the asbestos-related violations, $94,000 for asbestos testing and training experts, and $180,448 over three years for medical monitoring for potentially exposed city workers and contractors.

Though the city officials insist there was no intention to put anybody in danger of mesothelioma, OSHA Bureau Chief Kristy Peck said, “We determined that the city of Albuquerque had a plain indifference towards the Gateway Center and the fact that it had asbestos-containing material. The city willfully disregarded that and continued with construction as normal, as if there was no asbestos-containing material in the areas they were working…. Those construction workers didn’t know that they were being exposed to asbestos because the city failed to identify that as an asbestos-containing regulated area”

Asbestos exposure can lead to mesothelioma. If you or someone you love has been diagnosed with this challenging disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.

Terri Heimann Oppenheimer

Terri Oppenheimer

Writer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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