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Center slapped by OSHA: Olivet fined $2.3 million

Dover — The Olivet Center is not going anywhere. So said Olivet Management Communications Director Anna Oh, when going on the record about the $2.3 million worth of fines handed down from the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).“No, Olivet is committed and moving forward with its long-term commitment to its property,” Oh said.Olivet Management LLC is a real estate development and management company that purchased the former Harlem Valley Psychiatric Center in the Wingdale hamlet of Dover in 2013. Previously the site was owned by the Benjamin Properties of Long Island, which had planned on developing a mixed residential- and commercial-use facility called Dover Knolls. That project ultimately fell through after years of moving through the planning process. Olivet’s interest in the old psych center was welcome news to a town that witnessed the site slowly deteriorate after being shut down by the state in 1994.The Olivet Center unveiled plans to develop educational facilities, a research and development site, an information technology center and retail vendor space at the 503-acre Wingdale campus in August 2013. Shortly afterward the group, which is affiliated with the San Fransisco-based Olivet University, planned for a gathering at its new locale. Roughly 1,000 Olivet alumni were invited. Staff and contracted workers did cleanup and maintenance work in preparation for the festivities. That’s what led to the OSHA violations.At that time an anonymous call was placed to OSHA, according to Olivet Management CEO Kathy Schibanoff, who spoke to The Millerton News after the incident. Following that call OSHA conducted inspections and shut down a number of Olivet buildings, which were reportedly constructed in the 1940s, 1950s and 1960s.“A lot of work was being done to spruce up the place,” Schibanoff said in November 2013.While Olivet was working to shore up loose ends on its part, OSHA released a full report at the end of March about the violations it said were discovered as a result of that October 2013 phone tip. The following statement was made in a Department of Labor press release from April 2.“The company has been cited for exposing its own employees, as well as employees for 13 contractors, to asbestos and lead hazards during cleanup operations in preparation for a tour of the site by potential investors,” it stated. “The company neither informed their own employees nor the contractors about the presence of asbestos and lead, despite knowing that both hazards existed.”OSHA charged the dangers were present in the removal of asbestos- and lead-contaminated debris; asbestos-containing floor tiles and insulations; and lead-containing paint from walls, windows, door frames and other painted surfaces. It also claimed the work was “directed and overseen by Olivet supervisors.”Olivet was cited for 45 willful violations, with $2,352,000 in proposed fines. A willful violation is defined as “one committed with intentional, knowing or voluntary disregard for the law’s requirement, or plain indifference to employee safety and health.” Olivet was also issued one serious citation, with a fine of $7,000. That citation was “for failing to inform waste haulers of the presence of asbestos and asbestos-containing materials, meaning asbestos from the site may have been disposed of improperly at an unknown location. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.”Oh spoke about the OSHA fines after they were announced.“We are reviewing the notice and will address the citations in a timely manner,” she said. “We have the same goals as OSHA — to insure that once construction and renovation work is commenced, all workers will be fully protected against any unsafe and unhealthful working conditions.”The citations can be viewed online at https://go.usa.gov/KJhm.The U.S. Environmental Protection Administration (EPA) ordered Olivet to “stop all work that could disturb asbestos at the facility,” in January of this year, according to the DOL’s office. That agency’s investigation is ongoing.OSHA’s citations and proposed penalties were announced on March 31; Olivet has 15 days from that date to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission, which Oh said must be done in writing. According to Oh, Olivet has not decided which course of action it will take.“I think we will be taking a close look at the citations and penalties OSHA issued, and we do hope to work with the agency to resolve them,” she said.Olivet was placed in OSHA’s Severe Violator Enforcement Program due to the willful violations discovered at the site. That program requires “targeted follow-up inspections to ensure compliance with the law,” according to the Department of Labor.

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