L&I cited ACKS Demo and Abatement LLC of Stanwood and DHC Construction LLC of Burien last month for ignoring dozens of safety rules concerning asbestos removal putting their workers and the public at risk. 

Asbestos is extremely hazardous and can cause fatal diseases like asbestosis, mesothelioma and lung cancer. Only a certified abatement contractor that follows asbestos-related safety and health rules may remove and dispose of asbestos-containing building materials.

L&I is in the process of revoking the certifications of both companies, so that neither company can perform asbestos removal in our state.

“Seeing proof of these companies’ blatant disregard for the safety of their workers was extremely disturbing,” said Craig Blackwood, assistant director for L&I’s Division of Occupational Safety and Health. 

“We’re doing everything in our power to protect workers and the public from dangerous contractors like ACKS and DHC,” said Blackwood.

Rules of asbestos removal
There are specific rules certified asbestos removal companies must follow when performing this hazardous work. They break down into three basic categories:

• Personal Protective Equipment (PPE) - workers must wear the appropriate respirator and protective clothing;
• Work practices – material containing asbestos must be cleaned up, bagged, and disposed of properly; and,
• Engineering controls – A sealed enclosure with negative pressure to prevent the spread of asbestos fibers. There must also be a decontamination shower for workers as they leave the enclosure.

Both ACKS and DHC violated nearly all of those rules, falsified documents, and lied to inspectors and its own workers.

Lynnwood home job met none of the requirements
ACKS was hired to clean up asbestos following a house fire in Lynnwood. The job included removing about 3,000 square feet of wall texture and joint compound; 1,500 square feet of popcorn ceilings; and nearly 100 square feet of vinyl flooring—all containing asbestos.

Inspectors found large holes in the plastic barriers around the home, workers not wearing proper respirators or protective clothing, and a failure to use a decontamination shower when exiting the jobsite. ACKS’ owner, Andrew Platt, never told workers that prior testing found asbestos throughout the home. Many of the workers were not certified to perform asbestos removal.

Pieces of popcorn ceiling, drywall, and flooring, all containing asbestos, were photographed littering the driveway, flowerbeds and even down the street. Insulation mixed with popcorn ceiling was found in the vents, window tracks and piled high on the floor. L&I also photographed a trailer in the driveway holding about 40 bags of waste containing asbestos. ACKS dumped bags like this as regular garbage, putting other workers and the public at risk.

L&I ordered the company to stop work until it fixed the problems.

In addition to starting the process to take the company’s certification, L&I fined ACKS $261,924 and cited the company for 26 violations. The company is appealing.

Burien company puts workers and hotel guests in danger
DHC is also facing decertification. The Oyster Bay Inn in Bremerton hired the company to remove the popcorn ceiling last May.

DHC owner, Darwin Hoil, said his workers were doing all the right things, but hotel security camera footage tells a different story.

The video shows a worker scraping the ceiling while asbestos-containing particles fall over his face. He is not wearing required respiratory protection or full-body protective clothing and he did not use a decontamination shower when leaving the sealed enclosure.

L&I cited DHC for 11 willful serious and two willful general violations resulting in $221,048 in fines. The company is appealing.

The hotel hired a different asbestos removal company to properly finish the job.

Decertification Process
A number of factors trigger a review of an asbestos removal company for possible decertification. In the cases of ACKS and DHC, willful violations, lying to inspectors, and the repeated disregard for the health and safety of their workers prompted L&I to take action.

Once the review is complete, L&I sends a notice of the proposed action, including the rationale for the decision, and informs the certificate holder of their right to request a conference. ACKS and DHC have both received notices.

L&I then makes a final decision and the decertified companies are added to this list. The company can appeal the decision, but may not perform asbestos removal work during the appeal process.

Homeowners should never hire a contractor to remove asbestos before making sure they are certified to do this high-risk work.

“It’s common for unscrupulous companies to under bid jobs,” said Blackwood. “Decertifying these ‘bad actors’ benefits the companies that follow the rules as well as homeowners who hire them.” He adds the cost to clean up an improper asbestos removal is usually more expensive than if it was done right in the first place.

If you’re concerned about a contractor you’ve hired, report it to L&I and the agency will respond.