ALBUQUERQUE, N.M. (KRQE) – Willful and serious. That is how New Mexico’s Environment Department’s Occupational Health and Safety Bureau (OHSB) describes the City of Albuquerque’s actions in ignoring asbestos while renovating the Gateway Center. The problem was exposed in a Larry Barker investigation. Friday, the state organization levied its largest fine ever against the City of Albuquerque.

The City of Albuquerque is fined $761,112 for violating health and safety regulations during the renovation of the Gateway Center. The consolidated builders are fined $331,475 fine for eight “willful-serious citations” and one “serious citation.”

In April, Larry Barker showed how high-ranking city officials and project staff violated safety regulations jeopardizing the health and safety of employees because the city did no testing prior to demolition work. Last year, contractors doing work on the Gateway Center’s second floor used a mechanical scraper to rip out old tile flooring containing asbestos.

Read reports of citations below:

The debris was swept up with brooms and thrown in the trash. Workers were not wearing PPE and all this was done while the HVAC system was still running, possibly transporting the dust through the building.

The Chief of New Mexico’s Occupational Health and Safety Bureau Bob Genoway says he’s stunned the city did this. “To willfully violate an OSHA standard is is you know, it’s almost it’s almost hard to understand why somebody would do that. You know, we may not get to the answer of why that was done,” said Bob Genoway.

The “willful-serious citations” to the City of Albuquerque include:

  • Failing to conduct asbestos work within a regulated area;
  • Failing to ensure that an exposure assessment was conducted at the beginning of the project (before potential exposures could occur);
  • Failing to ensure that an asbestos “competent person” was present to supervise certain types of work;
  • Failing to determine the presence, location, and quantity of asbestos-containing material at the Gateway Women’s Shelter (prior to work beginning); and
  • Failing to ensure that all waste material was properly contained and disposed of.

The “serious citations” to the City of Albuquerque include:

  • Failing to communicate the hazards associated with exposure to respirable asbestos fibers to employees;
  • Failing to designate a “competent person” with the qualifications and authorities to ensure worker safety.

The “willful-serious citations” to Consolidated Builders include:

  • Failing to notify other employers that asbestos work was being conducted;
  • Failing to conduct asbestos work within a regulated area;
  • Failing to ensure that an exposure assessment was conducted at the beginning of the project;
  • Failing to dispose of asbestos materials in a leak-tight container;
  • Failing to use wet methods to clean up asbestos-containing materials;
  • Failing to communicate the hazards associated with exposure to respirable asbestos fibers to employees;
  • Failing to train employees on properly performing asbestos removal;
  • Failing to protect employees from the release of asbestos when removing floor tiles.

The “serious citation” to the Consolidated Builders include:

  • Failing to implement a respiratory protection program for employees using respirators.

The City of Albuquerque sent out a news release concerning the citations. In the statement, the city admits they did not follow the law in removing the asbestos. The city’s project manager received disciplinary action and managers were given more training. It did not say whether the city would dispute the fine, just that city attorneys were looking over the citations.