Kathleen, Under the regulations any vendor working for you on this or other projects is considered to be your employee. You are responsible for making sure they are in compliance with all appropriate regulations. If you knowingly allow work to continue in violation of safety or health standards your employer, and in some cases you can be held liable in civil and where appropriate criminal court. If you know they are violating government regulations you are required to take appropriate actions including if necessary shutting down their work. NATHAN J. NUNN EHS Director TestAmerica THE LEADER IN ENVIRONMENTAL TESTING Cell: 832.746.4976 Toll Free: 877.785.7233 -----Original Message----- From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**list.uvm.edu] On Behalf Of Dr. Jay A. Young Sent: Thursday, March 12, 2009 2:45 PM To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor Kathleen, Get a lawyer as quick as you can. Jay Young PS: It may already be too late. Get that attorney the day before yesterday. **************************************** ----- Original Message ----- From: "Schmidt-Nebril, Kathleen"
To: Sent: Monday, March 09, 2009 11:18 PM Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor Currently I am the Dominican University CHO and am looking for comments, advice and/or resources to address the a situation I found myself in today. Our Physical Plant had hired an abatement contractor to clear our an old science building lab that had a known asbestos and Hg problem. When I arrived on the scene to pick up another item this contractor had their crew of 5-7 non English speaking workers tearing out cabinets, counters etc in the contaminated room with absolutely no ventilation and only 2 workers wearing respirators for Hg toxic vapors? The room itself was sealed in plastic and about 80F so I just knew the Hg vapor reading would be sky high. They had the room sealed because they had to keep the asbetos dust in? The company had an available Luminox instrument to detect air conc. of Hg and I insisted they stop work and check the room. Of course the reading was off the chart with the unit min allowed Hg conc being 1000( not sure of the unit) we read at 45000! I made quite a fuss to the vendor about their worker's safety and insisted the room be ventilated and work stop until levels were within allowable range. At the same time other contracted vendors were showing up to do work in the room and I recommended they wait for safe levels. These were not vendors I had contracted but I definitely could tell they had a total disregard for their own crews safety and safety in general. How liable are we for contracted vendors safety? Can we be held responsible for their workers becoming ill from exposure since they are not our employees? I was hoping someone out there can help me establish a strong case for safety to my employer with any website references or info you may have in these situations. Thank You Kathleen Schmidt-Nebril -----Original Message----- From: DCHAS-L Discussion List on behalf of Chrismarlowe Sent: Sat 3/7/2009 7:58 AM To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU Subject: Re: [DCHAS-L] Amorphous silicone dioxide silica Paul: WRT: "what do I say next time he wants to order in bulk!?" Tell him, "Yes. The institution supports purchase in bulk as long as: - The department will really use that much chemical long before it goes bad and - The department has the physical and procedural ability to manage the material and its hazards." Stay healthy, Chris Marlowe 42 Highlander Dr Scotch Plains, NJ 07076 908 / 754 - 5160 (home) 732 / 539 - 8128 (cell) Krismarlowe**At_Symbol_Here**Verizon.net CONFIDENTIALITY NOTICE: This e-mail communication, including any attachmen ts, may contain privileged or confidential information for specific individ uals and is protected by law. If you are not the intended recipient(s), yo u are hereby notified that any dissemination, distribution or copying of th is communication is strictly prohibited and you should delete this message and its attachments from your computer without retaining any copies. If yo u have received this communication in error, please reply to the sender imm ediately. We appreciate your cooperation.=0D =0D Please consider the environment before printing this e-mail.
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