Bullock’s to Pay $21,000 for Workers’ Exposure to Asbestos

Bullock’s Department Store in Sherman Oaks has agreed to pay $21,000 in fines after state job-safety officials concluded that demolition workers were exposed to asbestos during a store remodeling project last year.

The fines were reduced after Bullock’s appealed an earlier penalty of more than $53,000, arguing it should not be held responsible for the actions of contractors who encountered asbestos while tearing down walls containing the material on the store’s fourth floor in July, 1990.

Asbestos is a fibrous mineral once widely used in fireproofing and insulating materials. It was banned by the U.S. Environmental Protection Agency after it was found that inhalation of even tiny amounts can cause lung cancer and asbestosis, a crippling and often fatal lung disease that takes years to develop.

The state Occupational Safety and Health Administration issued four citations against Bullock’s in January for violating worker-safety laws, including three for “willful/serious” violations. Such citations mean an employer knew workers were being exposed to serious hazards but failed to eliminate them.

But after negotiations with the store’s owner, R.H. Macy & Co., Cal/OSHA reduced the three citations to one willful/serious violation and two serious violations, Cal/OSHA staff lawyer Len Welsh said.

The unusually stiff original fine against Bullock’s was imposed after a Cal/OSHA inspector said demolition firm workers were exposed to asbestos when the store’s general contractor ordered them to tear down walls known to be laden with the material.

The inspector said that despite a warning from an independent asbestos consultant that asbestos-laced walls had been knocked down, a Bullock’s engineer in charge of the demolition work did not order it halted until the next day, when workers were evacuated from the floor.

The consultant said he had seen unprotected workers hauling asbestos debris in wheelbarrows to uncovered waste bins, where the white, powdery substance was left loose without any warning labels, Cal/OSHA said.

Welsh said the fines were reduced because state officials did not have enough evidence to prove Bullock’s knew the released asbestos was not properly cleaned up and disposed of.

He said officials did not reduce the willful/serious citation involving the store’s failure to wet down the released asbestos, which keeps fibers from rising into the air. But he referred to that citation as “really kind of a technical violation.”

“I don’t think this is a case where Bullock’s intentionally exposed anyone to asbestos. But they didn’t act fast enough . . . to stop work from proceeding, so we have a couple of hours of potential exposure that occurred that shouldn’t have occurred,” he said.

Macy’s officials insisted that no customers or employees of Bullock’s were exposed. They said the fourth-floor work area was completely sealed off from the rest of the store, which remained open for business.

Jim Fingeroth, a Macy’s spokesman, acknowledged that some demolition workers “were, in a technical sense, very briefly exposed.” But he added that the exposure did not endanger their health.

Myron E. Ullman, Macy’s executive vice president, said the store has taken steps to ensure that there are no other asbestos releases during the store renovation, which is costing $30 million and is almost complete. He said Macy’s is spending $3.5 million on asbestos abatement measures as part of the overhaul.

“We feel . . . we’ve solved the problem and that it won’t come up again,” Ullman said.

Welsh said the general contractor and demolition firm also were cited and fined about $6,000 apiece. He said both firms are appealing the fines.