A yearlong, undercover investigation by a local union uncovered safety violations, poor training and illegal lead disposal in the Baltimore-Washington asbestos abatement industry, according to a report released by the Mid-Atlantic Regional Organizing Coalition.
Among the complaints, the report states workers at L & M Construction were forced to handle asbestos without safety equipment at a National Institute of Standards and Technology site in Gaithersburg. L & M is one of eight companies named in the report and the only complaint filed for work done at a federal agency in Montgomery County.
Workers also accused the supervisor of abusive treatment and forcing them to illegally dispose of asbestos.
Between 2000 and 2009, the Capitol Heights based company received $13 million in contracts from NIST, including asbestos abatement and other construction jobs, according to FedSpending.org, a database of federal contracts compiled by nonprofit OMB watch.
Del. Jamie B. Raskin (D-Dist. 20) of Takoma Park promised legislation in the wake of the “shocking incidents” reported by the union. Raskin and other state legislators attended a Nov. 16 press conference announcing the report in Washington, D.C..
“I'm in the process of exploring different regulatory responses,” he said. “If federal contractors are cutting corners on important federal agencies and buildings, one can only imagine what is taking place in private homes and apartments. This report should be a wake up call that the enforcement of asbestos protection laws has turned sloppy.”
L & M Vice President Alan Auslaender denied all accusations, and said the complaint stems from a disgruntled former employee who was fired for security reasons.
“This is an attempt by a union to organize a nonunion company,” he said. “It's totally false. At all of our job sites, we work with the utmost safety and the best personal safety equipment.”
A known carcinogen, asbestos is a mineral fiber that commonly has been used in building construction in a wide range of materials, according to the U.S. Environmental Protection Agency. Abatement professionals are required to take training and refresher courses.
Employees who are exposed to asbestos above a certain threshold must be provided full body protective equipment, including gloves, head and foot coverings, according to the U.S. Occupational and Safety Administration. Clothing must not be taken out of changing rooms.
Blanca Rodriguez, 32, of Hyattsville worked for L & M Construction for six years until she was fired in September for what she said was in retaliation for complaining to Auslaender about her supervisor.
Rodriguez said workers were rushed by the inexperienced supervisor, who put their health at risk by forcing them to work without safety equipment.
With the support of four of her coworkers, she said she told Auslaender how they were treated. A week later she was fired, because an unknown party described her as an aggressive person, she said.
An Oct. 3 letter to L & M President and CEO Leela Oudit sent from four L & M employees demanded the reinstatement of Rodriguez and two other employees, and an end to the harassment and verbal abuse by their supervisor.
“We have finally had enough of this hostile atmosphere and no longer will tolerate it,” according to the letter provided to the Gazette by Steve Lanning, director of organizing for the union.
On behalf of workers, on Oct. 24 the union filed a complaint with the National Labor Relations Board, a quasi-judicial body that investigates charges of unfair labor practices, facilitates settlements, decides cases and enforces orders.
Allegations include retaliation against requiring Rodriguez to submit to an arbitrary drug test, firing Rodriguez in retaliation for her complaints, interrogating four employees about their involvement with the union, and threatening to fire each employee who signed the letter, according to a complaint provided by Lanning
NIST is unaware of any safety or licensing allegations against L & M, according to a statement from the agency.
“NIST takes the safety and well being of both its own employees and those of its contractors very seriously,” according to the statement. “We are unaware of any safety or licensing allegations against L & M. NIST rigorously monitors the work of L & M’s asbestos projects on a daily basis. Nevertheless, we will promptly look into the concerns reported to us by the Gazette.”
Lanning said NIST was previously notified by telephone of worker complaints against L & M.
jablamsky@gazette.net