City of Albuquerque, construction company issued citations for exposing workers to asbestos

ALBUQUERQUE, N.M. — Asbestos at the women’s shelter in the Gateway Center is going to cost the City of Albuquerque hundreds of thousands of dollars.

The New Mexico Environment Department’s Occupational Health and Safety Bureau cited the City of Albuquerque and Consolidated Builders of NM LLC for workplace safety issues related to asbestos exposures within the Gateway Center.

Employees were exposed between April 2022 and March 2023. According to the OHSB investigation, city officials and the construction company showed a lack of concern for the safety and health of employees working in the area at that time.

The city was issued a $761,112 fine for five willful-serious citations and two serious citations. Consolidated Builders was fined $331,475 for eight willful-serious citations and one serious citation.

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.

Prior to OHSB issuing its citations, the City of Albuquerque acknowledged responsibility for mistakes and notified individuals they identified as having visited the Gateway Women’s Shelter construction area within the Gibson Health Hub of their potential exposure to asbestos. Individuals who believe they were exposed should contact their medical provider and ask for guidance.

“The City takes asbestos-related concerns seriously and is conducting a formal review of the firm responsible for construction and the City’s processes to prevent any recurrence,” said CABQ Chief Operations Officer Kevin Sourisseau.

The inspection citations and reports are available here.