FBP Agrees to Pay $50,000 to Settle Asbestos-Related Concerns
WC Monitor
4/3/2015
Fluor-B&W Portsmouth, LLC, has agreed to implement corrective actions and pay $50,000 to resolve asbestos-related safety concerns at the Portsmouth D&D project under a consent order reached with the Department of Energy’s Office of Enforcement. The consent order, released this week, resolves an investigation DOE began last summer into potential deficiencies related to proper handling and disposal of asbestos-containing materials and worker exposure monitoring. Last fall, FBP “voluntarily reported recurring asbestos noncompliances” with DOE worker safety requirements and developed a common cause analysis and corrective actions to make improvements, according to the consent order. “FBP’s corrective action plan fully addresses the deficiencies associated with the recognition, handling, and disposal of asbestos and the implementation of asbestos regulatory requirements,” DOE Office of Enforcement Director Steven Simonson wrote in a March 12 letter.
Explaining the decision to reach a settlement with FBP rather than pursue enforcement action, Simonson wrote, “In deciding to enter into this Consent Order, DOE placed considerable weight on FBP’s comprehensive review, investigation, causal analysis, and corrective actions related to asbestos program implementation.” He went on to write, “DOE reserves the right to re-open this investigation if DOE later becomes aware that FBP provided any false or materially inaccurate information. Further, if there is a recurrence of worker safety and health deficiencies similar to those identified in this Consent Order, or a failure to timely complete all action items prescribed in the Consent Order (or other related actions that FBP subsequently determines to be necessary) to prevent recurrence of the identified issues, then the Office of Enforcement may pursue additional enforcement activity.” FBP declined to comment on the settlement.