Asbestos concerns stop renovations in Oklahoma County building, putting ARPA dollars at stake

The Oklahoma County Courthouse Annex building is pictured in Oklahoma City, on Wednesday, Oct. 25, 2023.
(Credit: NATHAN J. FISH/THE OKLAHOMAN)
The Oklahoma County Courthouse Annex building is pictured in Oklahoma City, on Wednesday, Oct. 25, 2023. (Credit: NATHAN J. FISH/THE OKLAHOMAN)

An investigation began this week after Oklahoma County Clerk Maressa Treat shared concerns that her employees and the public could be exposed to asbestos in a county building under renovation.

The investigation accuses a contractor on a renovation project inside Oklahoma County's Courthouse Annex Building of illegally removing construction materials without first doing a documented asbestos survey.

The project, as well as a second renovation effort in Oklahoma County's Courthouse Annex Building, are both effectively shut down for now, said Brian Maughan, chairman of Oklahoma County's Board of County Commissioners, on Tuesday.

A chief concern, he said, is that any lengthy delay on those projects could jeopardize the availability of the federal dollars allocated for them through the American Rescue Plan Act of 2021.

"We are under a timeline, and any delay potentially could be problematic. ARPA dollars are at stake," Maughan said.

Maughan also said that the county employee overseeing the projects could face a $2,500 fine if inspectors found asbestos materials were mishandled and released into the air.

Treat confirmed she reached out to Oklahoma's Department of Labor with those concerns last Friday. In turn, the department launched an investigation Monday to determine whether or not proper safety precautions were being taken.

Oklahoma County, meanwhile is contesting the labor department's initial finding and has requested an administrative hearing that's set for Friday.

Late Wednesday, the Board of County Commissioners convened an emergency hearing that authorized Maughan to find a lawyer to represent it at Friday's hearing, at a cost not exceeding $5,000.

Possible asbestos exposure alleged in county building renovation

Treat's most urgent concern involved several of her employees who work in the clerk's historical archives space on the building's first floor, Treat told The Oklahoman on Tuesday.

It appeared to her that a temporary plastic barrier built to protect her employees from possible asbestos exposure while an adjacent space is being remodeled was insufficiently sealed.

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"It had gaps in it on the top, bottom and sides," she said.

Also, the building's engineering staff and contractors did not fully communicate plans about that project and its potential impact on her archives space in a timely manner, Treat said.

The employees who worked in that area since have been moved and now are performing other duties in the clerk's main office on the second floor.

Appropriate precautions need taken, Treat said.

Maressa Treat
Maressa Treat

"We need to not only make sure that our employees are safe, but the general public who comes into our offices," Treat said. "That first floor space is where we house all of our historic, incredibly important documents. We need to make sure those books are protected."

The U.S. Department of Labor's Occupational Health and Safety Administration also was contacted by her office, Treat said.

Now she is waiting for inspections to be conducted.

"I hope at the end of the day there is not an asbestos issue," she said, noting that work happening now is preperatory to another project that will remodel the annex building's main public lobby.

"But I also hope ... we can have solid action plans where rules and processes are followed so we can be sure our employees and the public are protected."

Work stopped at second project in same building

Beyond $150,000 project that attracted Treat's concerns, the intervention of Oklahoma's Department of Labor and OSHA also stopped work on a much-larger project underway on the annex building's fifth floor.

That $6.36 million project is transforming that space into additional offices for Oklahoma County's court clerk.

Once it moves in, Oklahoma County then plans to put new courtrooms on the fourth floor.

The pending project to remodel the lobby has about $1.2 million of ARPA dollars allocated for it, county records show.

Don Schooler, the labor department's chief of staff, told The Oklahoman Tuesday inspections on the two annex building projects are currently being conducted.

"People in the building complained about irritants ... so we are looking to make sure there is not an asbestos concern," Schooler said, "but I can't say at this point if there is or isn't."

Once the investigation is complete, the county and its contractors could be ordered to take appropriate precautions to prevent any potential dangers to either county employees or the general public, he said.

"If it turns out there is in fact a credible concern, we are going to hold them to those requirements. If they don't (meet those), we will shut them down. The safety of the employees and the public is our primary concern."

Brian Maughan. Oklahoma County Commissioner meeting, Monday, April 3, 2023
Brian Maughan. Oklahoma County Commissioner meeting, Monday, April 3, 2023

This article originally appeared on Oklahoman: Oklahoma County building renovations halted after asbestos concerns