Worker Decontamination System Wasn't Set Up in Time

DEP issued a violation notice to landlord for not constructing a worker decontamination enclosure system. Landlord admitted that the system wasn't in place on the morning construction work began in the building's basement. But landlord argued that, on the next day, only bricks were removed---no material containing asbestos was touched. The ALJ fined landlord $5,000, and landlord appealed. The ECB again ruled against landlord. Regulations require landlord to have a decontamination system in place before any work begins, which could expose workers to asbestos.

City of New York v. Jaffe: ECB App. No. 7509 (10/30/91) [3-page document]