Fri 6 Sep 2013
Let me give you a “hypothetical” worst-case scenario:
Posted by admin under Asbestos, Building Survey, Cadmium, Carcinogen, Exposure, Lead, Management, OSHA, Uncategorized
Comments Off on Let me give you a “hypothetical” worst-case scenario:
Hypothetically (and allegedly):
- You receive a project as a subcontractor.
- You are verbally told no asbestos or lead onsite. Only that’s not true.
- There is asbestos, and you, and multiple other subs, have disturbed it.
- The prime contractor says, “oops”. Has the materials tested, and then blames the owner for not letting them know.
- OSHA is called and citations are issued to the owner and GC for not testing and telling people.
- A year goes by and now both the owner and GC are being sued by 5 employees for $10,000,000 (yep $10 million, that’s the max BTW).
- As a footnote: this incidentally is not a worker compensation case (yet) since they are not suing their employer (they are suing the GC and owner)
Even if the employees don’t win $10m, are you prepared for: the headache, loss of client-relationship, trust breaking? Here’s a similar hypothetical article about such a situation.
On the flip side, here are some positive things you can do:
- get a written copy of the building survey (lead & asbestos) ALWAYS. (you might also ask for cadmium, radon, other possible hazardous substances)
- Train your employees about asbestos prior to having to deal with it.
- Give employees the power to “stop work” if they are suspicious of possible asbestos containing material (PACM).
- When handing out a building survey to your subs, get their acknowledgment (in writing, of course)
- Fight your OSHA citations. Go to your informal conference. Present your evidence and, at the very least, beg for forgiveness.
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