Cherry creek defends firing of former code officer

Cherry Creek, New York â€" On April 5, 2008, officials in the Chautauqua County village of Cherry Creek voted to terminate the employment of Code Enforcement Officer Frank Watson, after he refused to sign off on a set of demolition papers. This week, the town is defending its actions in a letter sent out to residents. The incident centers on the demolition of Cherry Creek’s old and dilapidated schoolhouse. Frank Watson refused to sign papers that would have allowed demolition of the building to proceed, saying his refusal was on the grounds that proper asbestos abatement procedures weren’t being followed. The trouble began in February, when demolition of the Cherry Creek schoolhouse was initiated. At the time code enforcement had not issued any permits, and there were questions about whether an asbestos inspection had been carried out prior to demolition. At a meeting held on March 12, Department of Labor’s Asbestos Control Division confirmed that notice of asbestos code violations in relation to the Cherry Creek school building had been issued to the village. Department spokesperson Chris Perham confirmed that “The violations ha[d] stipulations attached that state the village must correct whatever the specific issue was.” Edward Krasinski, a Labor Department industrial hygienist, said that the village had hired a non-licensed contractor, and that the contractor was using non-certified workers. Buildings which contain asbestos must undergo specific procedures before demolition can be carried out, as any asbestos which remains in the building can disperse clouds of inhalable fibers during the demolition process. Asbestos must be removed from any building that is scheduled for demolition, before the demolition takes place. In addition, the asbestos must be removed according to regulated procedures and disposed of in a landfill that is legally permitted to accept asbestos waste. Watson claims that after the demolition had already began, Cherry Creek’s mayor asked him to sign off on the demolition, but Watson refused to do so due to his concerns about the way asbestos was being handled. Watson further claimed he was fired for purely political reasons to do with his refusal to illegally sign the permit, calling the incident “small-town politics at its worst.” Cherry Creek Mayor Dean Mount however, claimed that budget constraints were a more significant contribution to Watson’s being firedâ€"that the incident “probably” had something to do with Watson being fired, but only “a very small part of it.” This week, village officials mailed out a letter to residents, in which Mayor Dean Mount and members of the village board say they stand by their decision to terminate Frank Watson’s employment. Of the demolition, Mount says, “We’re working with the state now to get it done right. Hopefully we’ll have it taken care of in the next six to eight weeks.” (Source: Asbestos and Mesothelioma News)

Government accountability office recommends faster communication for osha, epa

A Government Accountability Office report released Wednesday April 30 compares how the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency’s Office of Prevention, Pesticides, and Toxic Substances (OPPTS) developed material designed to alert auto repair workers to the possibility of asbestos exposure in automotive brakes. The report was prepared for members of Congress, including U.S. Rep. Lynn Woolsey, chair of the House Subcommittee on Workforce Protections. The report found that both agencies took several years to complete their reports, but while OSHA took five and a half years to publish its Asbestos Safety and Health Information Bulletin, OPPTS took only three and a half years to publish its information. According to the GAO report, OSHA officials claimed that the length of time they took to complete the bulletin was partly due to “the need to address uncertainties regarding the prevalence of asbestos in brake products.” However, the final GAO report noted that “timeliness seems especially relevant once an agency has determined that there is a need to communicate information about how people can protect themselves from health and safety hazards to which they might be exposed… Having such information might lead people to make different decisions or take different actions to protect themselves than they would in the absence of such information.” Essentially, that people who know about the dangers of asbestos will act differently when they might be at risk of exposure. It seems obvious, but apparently it wasn’t so obvious to the OSHA. The report also said that OSHA and OPPTS procedures for designing communication brochures and bulletins don’t currently have any time-oriented benchmarks. There are no regulations in place to ensure that communications like these are completed and disseminated to the public in a reasonable amount of time. While it’s not necessarily possible to establish one single standard that can apply to every situation, the GAO report says that both OSHA and OPPTS could benefit from some time-frames or benchmarks to provide some motivation or impetus for getting informational bulletins out to the public more quickly. The report also noted that “It should also be remembered that one of the reasons why agencies use alternatives to rulemakingâ€"such as guidance or general communication productsâ€"is because these alternatives have the advantage of being less time consuming than rulemaking.” In other words, the guidelines issued by these agencies are suggestions, not laws, and thus there is no reason for issuing such guidelines to take several years. The GAO report recommends that OSHA’s Chief and EPA’s Administrator ensure that their key policies and procedures for preparing communications products includes time-oriented benchmarks to speed up the process of issuing essential information to the public. (Source: Asbestos and Mesothelioma News)

Enfield high school facing $1.2 million asbestos removal project

ENFIELD, Connecticut â€" Recently reopened Enfield High School is slated for asbestos removal that may cost up to $1.2 million, according to a capital improvements request to the Enfield city council. The Board of Education will present a $2.2 million capital improvements proposal to the town council that includes $200,000 to be set aside and put toward the removal of asbestos at Enfield High School. That school recently suffered a water main break that closed the school for several days after flooding released asbestos into the school. Asbestos is a hazardous substance that was widely used in construction until about 1980. Because it was believed to be the best fireproofing material available, asbestos was the material of choice in public buildings like schools where safety was a high priority. Unfortunately, asbestos was also a deadly carcinogen, something that the makers of fireproofing and construction materials knew for years. Exposure to airborne asbestos is the only known cause of a rare but incurable cancer of the organ linings, mesothelioma. It’s estimated that there are close to 750,000 schools nationwide that contain asbestos, a problem that is coming to national attention as those buildings age and the materials containing asbestos begin to deteriorate. Asbestos is not a hazard as long as it is contained or fixed. It is only when the materials that contain asbestos are deteriorated or disturbed that tiny fibers of asbestos are released into the air where they can be inhaled or swallowed, and become a health hazard. The budget request comes on the heels of an announcement by Connecticut Governor Jodi M. Rell of the release of $5 million in state funds from a grant from the Department of Energy Management and Homeland Security. A total of $549,849 is slated to be awarded to the three Enfield schools for enhanced security. That figure is more than two-thirds the total security funding requested by the Enfield school systems. In addition to the security improvements that will be made at the three schools, the School Department budget includes requests for - $200,000 to replace the boiler at the John F. Kennedy Middle School - $400,000 to replace the windows and roofs at Eli Whitney Elementary School - $400,000 to install handicapped accessible press boxes at Fermi and Enfield high schools - $200,000 to remove asbestos at Enfield High School. The actual estimate for the Enfield High School asbestos removal project is $1.2 million. The $200,000 will help bring the school system closer to the estimated costs. The School Department will present the budget to the Town Council for approval in March. Enfield High School Students will make up an extra five days at the end of the year to accommodate the days that they were out of school because of the flooding and asbestos release at the school. (Source: Asbestos and Mesothelioma News)

Epa cites shipping company for transporting toxic material to india

The Environmental Protection Agency has filed a complaint against a company that it believes intends to scrap a liner that contains large amounts of asbestos and PCBs. The company is Global Shipping LLC, based in Cumberland, Maryland. The EPA believes that the company has plans to scrap the SS Oceanic, a 682-foot liner, at a port in Gujarat, India. The complaint was filed by the EPA in San Francisco, and was subsequently denied by Global Shipping. The EPA complaint imposes a fine of $32,500 per day. The SS Oceanic was built in 1951 and reportedly carries 250 tons of asbestos, and 210 tons of PCBs within its framework. Both of these materials were widely used in ship-building prior to the late 1970s. Both materials are known human carcinogens, and asbestos exposure can also cause chronic lung conditions, including asbestosis. Many environmental organizations are concerned about the possibility environmental and health effects of the dismantling of ships such as the SS Oceanic, not only because workers may be exposed to large amounts of the contaminants, but also because these toxic chemicals can be released in large amounts into soil and groundwater. Dismantling and scrapping of ships is often done in Bangladesh, India, and China. Founder and President of Global Shipping, Dr. Anil Sharmer, told an Indian newspaper that the SS Oceanic will not be scrapped in India, but is actually intended to be sold to buyers in Dubai or Macau. However, Sharmer said he could not confirm the current location of the ship. The EPA, and a non-profit environmental group known as Basel Action Network, believes that the SS Oceanic is bound for a port called Alang in Gujarat, where older ships are often scrapped for their valuable steel. However, according to Rich Vaille, the EPA’s Pacific Southwestern Region Associate Director for Waste Program Enforcement, federal law prohibits companies from exporting PCBs in any form, including in ships that are being sent overseas for scrapping. According to the federal Toxic Substances Control Act, says Vaille, companies that illegally export PCB waste in this way are circumventing U.S. requirements for safe and proper disposal of the waste. Another EPA spokesperson, Dean Higuchi, said that the agency wants the ship to be cleaned of asbestos and PCBs before being scrapped. In response to the EPA’s complaint, Global Shipping says that it did not have to notify the EPA before moving the ship, and also that the EPA did not ask the company what it planned to do with the ship before filing its complaint. Jim Puckett, director of the Basel Action Network, says that workers in the Alang port who are involved in scrapping the ships are exposed to extreme hazards, and don’t have the knowledge or equipment needed to safety work on the ships. Puckett also pointed to a 2006 government survey of Alang shipyard workers that indicated one in six of the workers had developed asbestosis symptoms. (Source: Asbestos and Mesothelioma News)

New project announced for mesothelioma research in minnesota

Minnesota â€" The Minnesota Partnership for Biotechnology and Medical Genomics has announced its 2008 research projects, including a new experimental program involving virotherapy for the treatment of mesothelioma. The research partnership involves the Mayor Clinic, the University of Minnesota, and the state of Minnesota. The partnership’s laboratory headquarters is located in Rochester on the Mayo Clinic campus. Working collaboratively, the Mayo Clinic and the University of Minnesota focus on research projects that neither group would be able to accomplish separately, in an attempt to increase the pace of potentially useful research. Eric Wieben, Partnership program director at Mayo, said in a statement from the partnership, “We’re beginning to explore ways to use biotechnology and nanotechnology to do analysis and to make Minnesota’s environment healthier by avoiding toxic chemicals in pest control.” Among the partnership’s new research projects are those exploring epilepsy, new pesticides that are non-toxic for humans, gene therapy for the treatment of heart disease, breast cancer diagnosis technology, fungal infection treatments, and mesothelioma research. Noting that taconite miners in northeast Minnesota have a substantially higher risk of developing mesothelioma, the research group has decided to allot $867,114 and two years to study the potential of a type of treatment called virotherapy. The research will be led by Dr. Stephen Russell of the Mayo Clinic, and Dr. Robert Krattzke of the University of Minnesota. The goal of the research project is to use a genetically altered measles virus developed at the Mayo Clinic to target mesothelioma. Mesothelioma is an aggressive cancer that is particularly difficult to treat. Conventional treatments don’t tend to greatly improve a patient’s prognosis, and more than half of people diagnosed with the cancer die within two or three years. Virotherapy is still a largely experimental type of cancer treatment, but it has shown promising results in treating certain types of cancer. The therapy uses biotechnology techniques to convert viruses into diseases that attack only cancer cells, while leaving healthy cells unharmed. Virotherapy is a new technology, but the idea isn’t newâ€"scientists noticed as early as the 1950s that cancer patients who had a viral infection, or who had recently been vaccinated, sometimes showed improvement. This discovery was largely attributed to the fact that viral infections cause the immune system to generate cytokines called tumor necrosis factor and interferon, both of which sometimes have mild anti-cancer effects. The viruses used in virotherapy are somewhat different in that they are genetically altered specifically to target and kill cancer cells, but the therapy has been shown to have similar results. In 2006, researchers succeeding in using an avian virus to target cancer cells in people with a type of brain tumor, and achieved some encouraging results. Virotherapy may be particularly promising for the treatment of cancers where surgery is not likely to be effective, which is often the case for people with mesothelioma. Virotherapy can be administered via an injection, just like chemotherapy, and doesn’t involve removing tumors, meaning that a patient who isn’t a good candidate for surgery may still be a suitable candidate for virotherapy. (Source: Asbestos and Mesothelioma News)

Man suffering from mesothelioma crusades against asbestos

CHARLESTON- Mayford Lee Sigman worked for the Monstanto Company for years. His job for Monsanto exposed him to asbestos and products that contained asbestos. Late last month, Sigman filed suit against Monsanto and 64 other companies that he claims are responsible for the asbestosis that has destroyed his life and his health. Sigman filed suit in Kanawha District Circuit Court against 65 companies all of which are registered in West Virginia. In addition, Sigman’s wife, Betty Sigman, has filed suit for damages and loss of consortium based on her husband’s asbestosis. The Sigmans’ suit names 13 different counts against the 65 companies alleging damages that include medical expenses, pharmaceutical expenses, travel expenses, mental and physical pain, immense suffering, inconvenience, embarrassment, loss of earning capacity and lose of quality and enjoyment of his life. In addition, Betty Sigman has sued for loss of general services, consortium, companionship and society and the financial support of her husband. The suit filed by the Sigmans alleges that the defendants should have know the dangers of asbestos, and were negligent in not providing that information to employees. In addition, the suit states that the defendants failed to provide employees, including Sigman, with safety equipment and safe, sufficient apparel. While there is no known safe level of asbestos exposure, it has been known for decades that proper handling and safety precautions can greatly reduce the concentration of asbestos fibers inhaled or swallowed during exposure. Asbestos was widely used in building, construction and various trade industries throughout the 1900s. While the dangers of asbestos, specifically the hazards of inhaling asbestos fibers, were not well-known to the general public, they were common knowledge among the executives and upper echelon staff of asbestos processors, suppliers and manufacturers. In many cases, the asbestos companies deliberately concealed those dangers from their workers, the public and the government in order to safeguard their profits. The widespread negligence and deliberate conspiracy to hide the dangers of asbestos has formed the basis of hundreds of lawsuits brought against the asbestos companies. Asbestosis, like mesothelioma, is a rare lung disease that is caused by exposure to asbestos. The effects of asbestosis vary widely, from frequent shortness of breath to devastating pain, illness and suffering. Asbestosis is a progressive debilitating lung disease resulting from scarring to the lungs after exposure to asbestos. There is also evidence that asbestosis increases the likelihood of developing mesothelioma. At least one court has agreed with the contention that a diagnosis of asbestosis also creates a reduction in quality of life and pain and suffering due to increased fear of developing mesothelioma. That was not alleged in this case. The Sigmans, through their attorney, are seeking compensatory and punitive damages for an unnamed amount. The case will be assigned to a visiting judge. (Source: Asbestos and Mesothelioma News)

New data has asbestos exposure surprises for epa

Libby, Montana â€" New data from the Environmental Protection Agency suggests that the soil in Libby, Montana is a significant potential source of vermiculite exposure for residents. This conclusion may cause the EPA to redefine how it assesses contamination risks for sites undergoing remediation, and to redefine what it considers to be a “clean” site. The results of the research have been surprising to many people. The data suggests that the main site of asbestos exposure for Libby locals is actually right outside their homes, and that levels of indoor exposure are probably coming from tracking vermiculite in from outside locations. However, the EPA stresses that the data they gained from the study doesn’t apply to homes where asbestos has been disturbed, or where asbestos is not well contained within discrete areas of the home. Paul Peronard, an EPA On-Site Coordinator says, “This is a powerful data set. It will help us define the first part of endgame.” Meaning, it will help the EPA define what constitutes a clean site, and what needs to be done to make a site clean. The investigation carried out on Libby exposure measured asbestos exposure levels for a range of both indoor and outdoor activities, from watching TV to mowing the lawn. The EPA tested these activities at a range of different locations, including both clean and un-treated sites. Testers were equipped with air filters near their chests that collected airborne samples, to approximate the types of airborne particles participants would be exposed to. Many community residents have long been questioning how site risk is assessed in the town of Libby. The Environmental Protection Agency hopes that they new data they’ve gained will help in answering those questions. For example, they hope the data may answer questions such as whether a property with heavily vermiculite-contaminated soil is more or less an exposure risk than a home where asbestos is sealed within its walls. Another important conclusion from the data is that the EPA now believes that tracking down and removing “visible vermiculite” is even more important. In addition, the report suggests that simply walking around Libby does not exposed people to large amounts of asbestos. Unfortunately, however, while the data have produced some useful conclusions, it also demonstrates that the EPA may have serious problems in determining how successful its remediation efforts are. Variables such as wind direction, vegetation cover, and soil moisture could all affect the outcome of the tests. Another problem is that the data does not factor in “background asbestos” or the fact that asbestos that was naturally present and separate from the mine had already exposed Libby residents to vermiculite. As a next step, the U.S. Geological Survey plans to carry out a study of local sites to try and determine whether or not vermiculite contamination has been partly due to natural causes. (Source: Asbestos and Mesothelioma News)

Mokelumne river school founder responds to asbestos fears

March 17, 2008, Lodi, California â€" At the end of February, asbestos was discovered on the grounds of Mokelumne River School. Over the last few weeks, the school has become a battleground, with teachers, board members, staff, and parents at odds with one another after allegations over the conduct of the co-founder of the school, Clifford Goehring. Since the discovery of asbestos at the school, several school board members, as well as the school’s vice principal, have been fired or ‘asked to leave’ by Clifford Goehring. The school board members say they were removed after accusing Goehring of misconduct over the handling of the asbestos situation, and asking Goehring himself to resign from his position as head of the school board. The board members had said that Goehring failed to properly notify students, parents, and members of the board of the asbestos discovery, in a reasonable amount of time. Some parents even believed that the school’s founder had deliberately covered up the discovery of the asbestos. Clifford Goehring has denied all cover-up allegations, but has admitted that the situation could have been handled better. Goehring claimed that the school board members had issued an ultimatumâ€"that either Goehring step down as president of the board, or the members would leaveâ€"and Goehring had assumed all the board members would resign, as he himself refused to step down. Goehring did admit to firing vice principal Nadine Zerbe, however Goehring claims this was done because there had been plans underway to downsize the school’s administration, and was not carried out as a result of the asbestos incident. The problem of asbestos in schools will become an increasingly important issue. Asbestos was widely used in schools, particularly between the 1940s and 1980s, as a fire-retardant, insulator, and acoustic barrier in many different types of building materials. As these materials age, repairs and renovations may cause disturbance to asbestos materials, which in turn may present a health hazard.. To deal with the problem of asbestos in schools, the Environmental Protection Agency requires that all schoolsâ€"whether public, private, or charterâ€"which contain asbestos maintain a management plan that details the location of asbestos in the school, and the measures that are taken to ensure the safety of all who attend the school. Parents and school employees can request to see a copy of their school’s asbestos management plan at any time. As for Mokelumne River School, asbestos remediation is underway in affected areas. Mokelumne River Superintendent Shannon Woodward says that the affected classrooms should be made available to students within two weeks from the start of the abatement project, depending on the results of follow-up air quality tests that will be carried out after remediation is completed. Clifford Goehring estimates the cost at around $50,000. (Source: Asbestos and Mesothelioma News)

Asbestos problems and dilapidation force sale of hpd headquarters

HOUSTON, Texas â€" Houston’s 11 News has reported that the city plans to address asbestos problems and the overall poor condition of police properties by selling two buildings to developers. The television news station earlier in the week featured the poor conditions inside the Houston Police Department’s central police station and jail, and at HPD headquarters, where asbestos has been found. According to the news sources, the elevators in the buildings are so old that it is impossible to get replacement parts for repairs. Asbestos is also a pressing problem. The hazardous substance requires remediation, and is often an extremely costly procedure. Removing asbestos from public buildings must be done by a licensed contractor who is registered with the state. Depending on the extent of the work, removing or abating asbestos in a public building can run into hundreds of thousands or even millions of dollars. Removing or abating asbestos in public buildings also raises the risk of exposing workers, officers, staff and the public to dangerous asbestos fibers. Asbestos, harmless when it is contained in a material that fixes its fibers and prevents them from being released into the air, become a deadly carcinogen when the materials are damaged or disturbed. Asbestos fibers may be released as dust that is invisible to the naked eye, but may be inhaled or swallowed by anyone in the area. The end results of asbestos exposure can be devastating and deadly, and range from scarring of the lungs to mesothelioma, a rare cancer that affects the linings of the lungs, heart or abdominal cavity. Other health problems arising from asbestos exposure include persistent coughs, asbestosis, stomach and colorectal cancer and a number of other cancers. According to sources that are familiar with the situation at the Houston Police Department, the department is pursuing plans to sell the central HPD station and jail, and the police department buildings next door. The buildings sit on prime downtown Houston real estate. There are also plans to sell the HPD headquarters downtown to developers. The proceeds from the sale will fund the building of new police department facilities, which police administrators say the department sorely needs. The city is in negotiation with Page-Southerland-Page, an architectural firm that designed the Houston FBI field office, and Manhattan Construction, the company that is building the new Dallas Cowboys stadium. If the negotiations are approved by the city council, the city will pay $600,000 to the two companies to develop a request for proposal and an assessment of the buildings. The assessment will take about six months. The final offer from the two companies, if it comes, may include a condition that the city foot part of the bill for asbestos removal, a common condition in similar deals in other parts of the country. (Source: Asbestos and Mesothelioma News)

Asbestos present in desoto hospital

MANSFIELD, Louisiana â€" The Louisiana Department of Environmental Quality found asbestos inside the partially renovated DeSoto Regional Health System, but none of it was airborne according to test results. The Desoto building was in the process of renovation when construction was halted for the asbestos testing. DEQ said that apparently the halted construction work did not cause any of the asbestos to become airborne. Airborne asbestos fibers are extremely small and light and can remain suspended in the air for long periods of time. If the asbestos fibers are inhaled or ingested, they may lodge in the tissues of the body and cause long term health problems, including a rare form of cancer, mesothelioma. Mesothelioma affects the lining of the lungs, and is invariably terminal. Otis Randle, regional manager of the Shreveport office of the DEQ, stated that the hospital did not follow proper notification and removal regulations when starting renovations on the hospital building. The hospital and contractors may face enforcement actions by the DEQ. The DEQ said that the hospital could face a notice of deficiency, which will require no more than a response from officials explaining why they did not make proper notification or follow approved procedures, and what steps will be taken to prevent it from happening in the future. At the other end of the scale, the consequence could include a compliance order and a potential penalty. Randle had scheduled a meeting on Thursday with his staff to decide on a course of action. The office will make a recommendation to an enforcement officer. Randle said that the decision could be made within a week. Randle also said that he was very satisfied to find no major asbestos release at the hospital. The agency wants them to understand that what the hospital did was against the regulations and to be assured that it will not happen again. Asbestos containing materials are often found in older buildings. When the buildings are renovated or demolished, those materials can become damaged, releasing tiny asbestos fibers into the air where they may be inhaled by people in the area. Those fibers can cause serious long term health problems that include asbestosis, a non-malignant but deadly disease, and mesothelioma, a rare cancer that is often found in workers who had heavy exposure to asbestos. John Domansky, CEO/CFO of DeSoto Regional, said that he had not yet received the report from the DEQ, but that the hospital would do whatever is required of them, citing the best interests of the patients, families, community and the staff of the facility. Domansky said that the hospital had engaged an environmental consulting firm on the recommendation of other health care facilities in the area, and is awaiting their report as well before making a decision on how to proceed. (Source: Asbestos and Mesothelioma News)

Minnesota mining study funding approved

March 13, 2008, Minnesota â€" Last week, a Minnesota House Committee approved legislation that would allow the University of Minnesota to begin a study investigating the deaths of taconite miners in northeastern Minnesota’s Iron Range. The funding was first passed by the House Higher Education and Work Force Development Policy Committee. This week, the bill to approve funding for the study has been moving further through the Minnesota State House. The $4.9 million worth of funding for the Minnesota Iron Range study has now been approved by the house. The study will be funded by the Workers’ Compensation Special Fund, and will attempt to answer the following basic questions: • Why are the Iron Range taconite miners developing mesothelioma? • Are there any other diseases the miners are developing in addition to mesothelioma? • Are there any secondary effects that could affect the families of Iron Range miners, or the larger community? The researchers will collect a variety of data, including the level of exposure to the dust, and incidence of health problems associated with the dust, in miners, their spouse, and their families. In addition, researchers will also be investigating the chemical and physical properties, and the chemical make-up, of the dust itself, to try and determine exactly what properties of the dust are causing cancer. The study has been initiated following the deaths of 58 Minnesota Iron Range workers from pleural mesothelioma, a rare and deadly form of cancer that develops in the lining of the lungs of affected individuals. The only known cause of mesothelioma is exposure to asbestos. Mesothelioma is difficult to diagnose, highly treatment-resistant, and currently incurable. Professor John Finnegan, University of Minnesota School of Public Health Dean, says that the mesothelioma death toll of 58 is “clearly in excess” of the expected total for an average population. The School of Public Health is currently in the process of completing groundwork for the study. Local community groups, public officials, and researchers will provide support. A website (www.sph.umn.edu/lunghealth/home.html) and a toll-free helpline have been launched to provide information about taconite worker health issues. The Minnesota Department of Health has already completed a preliminary study on 58 mine workers diagnosed with mesothelioma. Around 25% of the workers had been employed in the mining industry for less than a year, while just over 25% had been employed for more than thirty years. Almost all were diagnosed with mesothelioma between thirty and sixty years after they had begun work at an Iron Range mine. These results confirm current medical knowledge about mesothelioma which point to a very long latency period for the cancer, and confirm the fact that a relatively small amount of exposure to inhalable fibers can cause mesothelioma. The preliminary results will provide a foundation for the in-depth study that will commence now that funding has been approved. (Source: Asbestos and Mesothelioma News)

Broomfield high asbestos followup costs thousands

BROOMFIELD, Colorado â€" In December, air quality tests at Broomfield High following a boiler malfunction showed elevated levels of asbestos fibers in the air. Since then, the Boulder Valley School District has paid over $10,000 for asbestos abatement and 19 staff members have received worker’s compensation referrals. The asbestos is believed to have originated back in November, when a boiler malfunctioned. Air quality tests in December showed elevated levels of airborne asbestos in the corridor outside the boiler room, and students were sent home early. The school was closed for a day and a half, until follow-up air quality tests showed very low levels of asbestos in the air. A spokesman for the school district said that health officials are uncertain why there was such a difference between that test and the subsequent tests that showed no asbestos or very low levels of asbestos. Nevertheless, said Briggs Gamblin for the school district, 19 custodial and administrative staff members who were in the boiler room between the malfunction and the sealing of the room six weeks later have been provided with workers compensation referrals. The purpose, said Gamblin, is to include the possible asbestos exposure in each employee’s health file. Airborne asbestos is a known carcinogen that causes mesothelioma, a rare cancer that affects the lining around the lungs, the heart and the abdominal cavity. It also increases the risk of developing lung cancer, as well as several other cancers. Because mesothelioma is seen almost exclusively in those who have been exposed to asbestos, few doctors will consider a diagnosis of mesothelioma unless there is a history of asbestos exposure. Because the early symptoms of asbestos are so similar to many more innocuous illnesses, the diagnosis is often missed until the cancer has advanced too far for any effective treatment. In the past, mesothelioma was considered a quick, painful death sentence but recent advances have shown that early diagnosis and aggressive treatment can sometimes extend life and improve quality of life for years after the diagnosis. Knowing that a patient was exposed to asbestos is a key factor in screening for mesothelioma and diagnosing it properly in time for aggressive treatments to be of any use. With a latency period of decades, it’s often difficult to diagnose mesothelioma. By making the referral, there is a notation in the health record of the employee so that in the future, doctors and health practitioners who work with them are aware of the possible asbestos exposure and will be more likely to consider asbestos-related conditions as possible diagnoses. This could be potentially life-saving if it means that a doctor catches the condition early enough to recommend aggressive treatments. It is unknown whether students were exposed, and random asbestos testing will continue at the high schoool over the next few months, he said. (Source: Asbestos and Mesothelioma News)

Asbestos abatement planned in carlsbad, new mexico

Carlsbad, New Mexico - The Eddy County Commission has approved the first step in an asbestos abatement project in Happy Valley and La Huerta, but plans to take the project slowly due to the high level of asbestos in one of the condemned properties. The first step-inspection of the properties to determine how much asbestos is present-has been approved. The next steps will include removing the asbestos and demolishing the buildings. This abatement project is a little unusual, however, as the committee is not sure who owns the condemned buildings. Commissioner Lewis Derrick was concerned that the county doesn’t know whether the properties have mortgage liens against them, as the county will initially be paying for the asbestos removal. The commission already authorized the inspections after taking advice from county attorney Cas Tabor, but has decided to hold off on authorizing the rest of the project until a title and mortgage search has been carried out to determine if any liens or other liabilities are held on the properties. Tabor said, “I agree with Lewis. We need to do the research to see if there is an existing mortgage on the properties. If there is a sizeable one, we can work with the mortgage company.” Another problem with the project is the expense of asbestos abatement. Safely removing asbestos requires contractors and work crews who have received special training in handling asbestos, as well as the use of special techniques such as wet-removal to minimize the generation and dispersal of asbestos dust. In addition, disposal of asbestos waste is around three times more expensive than disposal of non-hazardous waste. Eddy County Manager Steve Massey says that the presence of asbestos in one building has already been confirmed, but is not certain whether asbestos is present in the others. Massey has estimated the costs of removing asbestos from just one of the properties as between $17,000 and $20,000. The costs of abatement in the three other buildings will depend on how much asbestos is present in them. The county has decided that if it proceeds with removal, it will bill the owners of the properties for the costs of asbestos abatement and demolition, and place liens against the properties until the money is repaid. If the owners don’t pay the bills, the county says, they can recoup the money by selling the properties. Massey has also emphasized that the county is not simply targeting properties because they are unsightly or are built on valuable land. The clean-up and demolition is necessary due to the asbestos hazards posed by the buildings. Commissioner Janell Whitlock said, “If we are going to go in and demolish structures because they are unsightly in the neighborhood, then I would be against it. But if it’s a health and safety hazard, then I don’t have a problem.” (Source: Asbestos and Mesothelioma News)

Doctor comments on asbestosis scams

After the Manhattan Institute released its damning report on asbestosis lawsuit scams, a doctor who has been involved in testifying as an expert witness commented on the situation. Dr. David Weill, who has testified twice as an asbestosis expert before Senate committees, is the director of the Lung and Heart-Lung Transplant at the Stanford University Medical Center. Asbestosis, says Weill, is a “pretty serious thing, possibly fatal.” That makes it frustrating that thousands of fake asbestosis claims have made it difficult for the genuine asbestosis sufferers to obtain fair compensation for their injuries. Weill says that the genuine claims “get diluted out by the false claims.” In the very large class action lawsuits, plaintiffs often receive only a few thousand dollars. A windfall for people who don’t actually have the disease, but for people who are genuinely affected by asbestosis, a few thousand dollars can’t begin to compensate them for the way their lives are changed by the disease. In recent years, Weill helped uncover facts about a massive scam that was carried out in Texas. It was discovered that plaintiffs suing for compensation for silicosis had already received compensation for asbestosis, a disease with an entirely different cause. The scam involved both lawyers and doctors, and the manufacture of thousands of false silicosis claims. In testifying to the Senate, Weill explained that on an x-ray asbestosis and silicosis look like entirely different diseases, and furthermore than it “would be extremely unusual for one person in a working lifetime to have sufficient exposure to both types of dust to cause both diseases.” In addition, said Weill, “outside the litigation setting, confusion between silicosis and asbestosis does not occur.” Weill says that the attempted fraud in the Texas case was so blatant that the same plaintiff was diagnosed with asbestosis by one screening firm in February, and the next month was diagnosed with silicosis by another screening firm. However, in both cases the screening firm didn’t pick up any symptoms of the other disease. According to Weill, a treating physician would have diagnosed both silicosis and asbestosis in the same x-ray if both diseases were present. However, in these massive class action suits, the physicians who read the x-rays rarely had any contact with the patients who supposedly had the diseases. Weill was later hired by W.R. Grace & Company to help design a clinical study of the asbestos claims that had been made against the company. The study demonstrated that more than 80% of the asbestosis claims that had been made against W.R. Grace & Company were actually false. The American Bar Association has been supporting federal legislation that would establish specific medical criteria for asbestos-related litigation since 2003. However, the Manhattan Institute report says even that may not be enough, as unscrupulous attorneys might soon find ways around such legislation. (Source: Asbestos and Mesothelioma News)

Courts rule against canadian asbestos suits

Rhode Island â€" National business groups have been closely following case in which Canadian residents filed asbestos-related lawsuits in Rhode Island. This week, the state Supreme Court ordered that the 39 cases be dismissed. In making this ruling, the Supreme Court has added Rhode Island to the list of 46 other statesâ€"and the federal governmentâ€"in recognizing that courts can decline cases if they believe those cases would be better handled elsewhere in the interests of “convenience, efficiency, and justice.” Prior to this ruling, Rhode Island had only recognized the doctrine in child custody cases, but in making the ruling the Supreme Court has given the doctrine more general recognition. The lawsuits that sparked the decision had been filed by Canadian residents against corporations that had business interests in Rhode Island. However, none of those defendants had a principal place of business in the state, and all of the plaintiffs were employed, exposed to asbestos, and treated for asbestos-related disease in Canada. The cases involve several defendants, including General Electric Co. and Union Carbide Chemicals and Plastics Company Inc. In relation to the cases, Supreme Court Justice Paul A. Suttell wrote “Our courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly. Our courts, however, need not resolve disputes of all persons who choose to file suit in Rhode Island. In the 39 cases under review, we are unable to discern any nexus with the state of Rhode Island.” The Supreme Court’s decisionâ€"which runs to 23 pagesâ€"considers both public and private interests. “A jury may have to sit through a complicated trial that literally has no connection to Rhode Island besides a generalized interest that is constant throughout the entire United States…the interest in preventing asbestos-related diseases.” The decision has been praised by the American Tort Reform Association, which said the ruling is “a victory for Ocean State taxpayers and citizens called to jury duty.” President Tiger Joyce said in a news release, Today’s Supreme Court ruling is a solid step toward keeping Rhode Island from becoming known as a ‘judicial hellhole.’ However, Rhode Island lawyer Donald A. Migliori says that the decision is surprising, and will make it more difficult for plaintiffs to have their cases managed appropriately. Migliori says that the efficiency and unbiased nature of Rhode Island’s Superior Court asbestos docket means that cases are more often than not settled quickly and fairly, and that this wouldn’t be compromised for Canadian plaintiffs. The Supreme Court, however, says that’s irrelevant. “It cannot be disputed that Canada has a legal system capable of affording the possibility of remedies to the plaintiffs in the underlying cases.” “Because no one other than the attorneys involved actually is located in Rhode Island, literally all the witnesses and parties would have to travel to Rhode Island for the trial and other proceedings…We are of the opinion, therefore, that the relevant private-interest factors militate in favor of dismissal.” (Source: Asbestos and Mesothelioma News)

Wellesley school department reviews asbestos removal policy

WELLESLEY, Massachusetts â€" The Wellesley School Committee has to come up with a new policy for asbestos abatement and removal, says School Committee chairman Mike Young. With renovations needed for the middle and high schools, the policy for asbestos removal needs a serious look, and soon. The issue was raised as part of the discussions about the future of the Wellesley High School building. The school committee has dealt with the renovation of a number of elementary and middle school buildings in recent years which included asbestos abatement. Young said that the policy for those renovations was that all asbestos abatement activity take place after school to prevent the risk of exposing schoolchildren to airborne asbestos. It was easy to work with that policy for the elementary and middle schools, said Young, because the younger children are generally out of the building immediately after school hours, leaving the buildings empty for the workers. At the middle school level, he added, it was more difficult, but still workable to maintain that policy. At the high school, however, students are often there well into the evening, cutting into the time available for workers to remove asbestos without trying to work around students in the school building. The school committee has requested that the Permanent Building Committee revisit the policy of approving after school work. Last Thursday night at a hearing run by the Permanent Building Committee and the School Committee, the issue was raised for citizen comments and concerns. The committee and citizens made a number of suggestions, including scheduling work during school vacations and holidays, as well as over the summer. Young said that no real policy was voted, however. Young says that it is premature to finalize an abatement plan before the decisions have been made on design and construction plans for the new high school. Young reassured the public that asbestos in the building is not currently a health hazard to students. Asbestos only becomes dangerous when the materials containing it are disturbed, either by wear or by design. The ceiling and floor tiles at the high school are among the materials containing asbestos, and they are currently in good repair. Once the materials are damaged or destroyed, however, they may release asbestos fibers into the air where they can be inhaled by students and others in the school building. Those inhaled asbestos fibers can cause serious health problems years after the exposure, including mesothelioma, a rare cancer that has no other known cause. Young says that until the ceiling and floor tiles are torn up when construction begins, it’s difficult to know just how much of a problem asbestos is at the high school. That will make it difficult to allot funds for asbestos removal and abatement, but by planning ahead, the school committee can keep a handle on the problem. (Source: Asbestos and Mesothelioma News)

Attorney blames news reports for unfavorable verdict in whisnant trial

Jefferson County, Texas - During February and March, the jury in a six-week asbestos trial listened to plaintiff claims that Willis Whisnant had developed mesothelioma as a result of negligence on the part of contractual employer DuPont. The jury decided in favor of the defendant. Now, the plaintiff’s attorney, Glen Morgan, is asking that the verdict be set aside and a new trial granted. The case was filed by Caryl Richardson representing the estate of Willis Whisnant, who died in 1999 at 72, after being diagnosed with mesothelioma. During the trial, the jury heard that Whisnant had been a B.F. Shaw pipefitter in 1966 and had been contracted to work at DuPont. The plaintiff attorney argued that Whisnant had negligently and maliciously been exposed to asbestos. However, on March 25 the jury returned their verdict, which effectively found that DuPont was not guilty of negligence. Plaintiff attorney Glen Morgan has now filed a Plaintiff’s Motion for a New Trial, stating that the jury’s decision was “contrary to the overwhelming weight and preponderance of the evidence.” The motion-which runs to sixteen pages-argued that during the trial, uncontroverted witness testimony established that the working conditions Whisnant was exposed to at DuPont posed an unreasonable risk of harm, and that DuPont had admitted knowledge of the danger. The motion says that DuPont cannot dispute that it failed to exercise “ordinary care” in Whisnant’s case. The motion also accuses local publication “The Southeast Texas Record” of publishing material that caused undue influence over the jury. “When one considers the overwhelming evidence of DuPont’s negligence in the above captioned case, it becomes clear that someone or something outside the courtroom must have influenced the jury’s verdict.” “In this case, the outside influence was almost certainly the Southeast Texas Record. The Southeast Texas Record is a local ‘newspaper’ that is owned by the U.S. Chamber of Commerce.” “The U.S. Chamber of Commerce has identified one of its top goals is to end what it perceives to be lawsuit abuse and unfair litigation. In order to accomplish this goal, the U.S. Chamber of Commerce has instituted what it calls a multifaceted and multipronged attack…One prong of this attack is the creation of ‘newspapers’ to disseminate anti-plaintiff propaganda in areas of the country that the U.S. Chamber of Commerce believes are favorable venues for plaintiffs, including…Southeast Texas.” Morgan claims that the Southeast Texas Record published several different reports on the Whisnant case that were clearly favorable to DuPont. The motion further alleges that the U.S. Chamber of Commerce was “clearly attempting to influence jurors” by making the paper freely available at the courthouse. The specific instance that Morgan cites is an incident in which the Southeast Texas Record described evidence that presiding Judge Floyd had ruled was not admissible. Morgan argued that any juror reading that article would have learned information that had been excluded from the trial, and may have been unduly influenced to decide in favor of DuPont as a result. The motion will be heard in Judge Floyd’s court on May 16. (Source: Asbestos and Mesothelioma News)

Bethel high school dismissed early after asbestos incident

BETHEL, Connecticut â€" Students at Bethel High School got an unexpected afternoon off from school that may extend into a full day’s vacation, thanks to asbestos and clumsy workmen. Early Wednesday, workers who were renovating the school accidentally opened a wall cavity, exposing fireproofing material that contains asbestos. The workers immediately reported the accidental asbestos exposure to school officials, who reacted by dismissing school and evacuating students immediately. Gary Chesley, Superintendent of Schools, said that Eagle Environmental, the town’s environmental consultant, started sampling the air for asbestos levels as soon as the students were dismissed. A letter informing parents of the situation has been sent home. Asbestos exposure is a concern in schools across the country. The EPA has estimated that over 30,000 public schools in the United States were built using asbestos-containing materials. Those materials range from floor and ceiling tiles to pipe and boiler insulation. As long as the materials remain intact, the asbestos is not a danger, but if the materials are damaged or become dilapidated, they can release asbestos fibers into the air and it becomes a health hazard. Once asbestos fibers are airborne, they may be inhaled by students, teachers and staff in the school, and may remain in the body for decades. Inhaled asbestos fibers are known to cause an array of serious health conditions including respiratory problems, asbestosis, lung cancer and mesothelioma, a rare cancer that affects the thin layer of tissue surrounding the lungs and other organs. Mesothelioma may take decades to become symptomatic. Other conditions appear sooner, but may take years to become symptomatic or to be diagnosed. The EPA and other regulatory agencies require that schools maintain an up-to-date management plan for asbestos that lists the location and condition of all materials in the building that contain asbestos, as well as any plans for handling and managing the asbestos when repairs or maintenance is being performed. In addition, all maintenance and custodial staff must be trained to recognize asbestos and any who might come in contact with it during the course of their jobs must be trained in appropriate handling of the deadly material. The incident at the high school happened when workers installing electrical material on the second floor of the building pulled out a piece of drywall and exposed asbestos insulation behind it. Fortunately, said Chesley, the area where the incident happened is not typically frequented by students. He said that there are no classrooms anywhere near the exposure site, and it is in a relatively isolated location. The students were dismissed early, he added, so that the environmental support group could begin testing immediately. The results of those tests should be available tonight and will determine whether or not the school will be open for classes in the morning. Parents will be notified by telephone and email of the outcome. (Source: Asbestos and Mesothelioma News)

Sugar land developers give community asbestos update

SUGAR LAND, Texas â€" The developers for a new community project in Sugar Land explained their plans for asbestos remediation to a large audience at the Fluor Auditorium last night. Greg Rainwater of ENTACT Environmental Remediation Services spoke about the asbestos plans and Timothy W. Downey explained his company’s plan to build “Norman Rockwell” neighborhoods. Sugar Land, a suburb of the Dallas/Fort Worth area, grew up around the Imperial Sugar Company, and was for decades a company-owned town. In recent years, various development companies have built the small town into a major metropolitan suburb with the fastest growing population in Texas. The current project is the redevelopment of several refinery facilities left from the days when the town revolved around Imperial Sugar. Southern Land Company, the development company headed up by Downey, plans to build homes and neighborhoods in the area north of the refinery. In his words, the neighborhood will be like “reliving the Norman Rockwell experience”. Rainwater explained to a large crowd gathered to hear the plans for the new neighborhoods that some of the older refinery buildings have asbestos. In order to renovate the buildings, the asbestos must be either removed or managed. If the buildings are going to be demolished, the asbestos must be removed before demolition. According to Rainwater, most of the asbestos in the buildings to be renovated and demolished is contained in pipe insulation and floor coverings, mastic and ceiling tiles. More than half of it is in three buildings. The reason for the community briefing was to explain the process of asbestos abatement and removal to the community prior to beginning work, and to respond to any concerns from community residents. The community planners expect to begin work in March. Rainwater explained that residents will see workers in protective clothing and respirators during the work to be done. They will be working Mondays through Saturdays from 7 am to 6 pm from March through August. The contractor that will complete the work has not yet been chosen. Bids are due February 12 and the district board will make a final selection late in Feburary. Rainwater added that Cherokee Sugar Land Management, the developer on the project, is committed to a 100% abatement of asbestos on the site. Asbestos is a known carcinogen that can be released when materials that contain it are broken or damaged. Federal regulations require that all asbestos be removed from buildings before they are demolished to prevent the release of deadly asbestos fibers into the ambient air. Federal law also requires that community officials be notified before abatement or removal work is done, and in many cases, require that community residents be notified of the work to be done and any precautions that they should take during the work. Asbestos fibers in the air can be inhaled and lodge in the lungs or other organs, causing mesothelioma decades later. (Source: Asbestos and Mesothelioma News)

Fowler gets grant to remove asbestos from former school

FOWLER, Indiana - The Fowler Elementary school, closed since 2006, may be getting a new life thanks to a $25,000 grant. Both the Town of Fowler and the Fowler American Legion Post 57 have approached the school committee about purchasing the building. The main stumbling block remains the presence of asbestos in the building. The town would like to use the space where the Fowler school stands to build a new community center. The American Legion wants to move its offices and operations to the newer parts of the current building. Either option would require at least a partial demolition of the school building. According to federal law, though, that demolition can not happen before all asbestos containing materials are removed from the school. And that, says school Superintendent Steve Wittenaueur, is expensives. “$25,000 for asbestos removal is the first step,” he told reporters. “The next thing would be if the $400,000 grant for removal were approved.” Jud Barce, school corporation attorney, said that the $25,000 grant, awarded by the Indiana Finance Authority, will cover the cost of asbestos removal. The complete demolition of the school has been estimated at more than $400,000. The school will apply for the larger grant, also from the Indiana Finance Authority, in May. Federal law requires that asbestos be completely removed from any building before demolition because of the risks associated with airborne asbestos fibers. When asbestos is present in a material that is demolished, the resulting dust can contain very high concentrations of asbestos fibers. Those fibers, when inhaled or ingested, substantially increase the risk of developing a number of serious illnesses, including lung cancer, stomach cancer, pleural scarring and mesothelioma, a rare cancer that has no other known causes than exposure to asbestos. Asbestos was so widely used in building and construction until about 1980, that many experts believe that asbestos can be found in just about every public building that was built during those times. Because asbestos is acknowledged to be the best insulator and fireproofing agent known, it was often used in schools, office buildings, civic buildings and other buildings that were meant for use by the general public. Unfortunately, the very fiber that was supposed to protect the public from fire turned on us. Thousands of workers who used asbestos in their occupations have died of diseases like lung cancer and mesothelioma. Although most cases of mesothelioma are diagnosed in those with long-term, chronic exposure to asbestos in the construction, auto repair or another industry, there are also many cases of asbestos diagnosed in school teachers, and there are known cases where mesothelioma developed after only a brief exposure to asbestos many years earlier. School department officials say that they will not know the final cost of asbestos removal and demolition until they have made a decision as to the fate of the building. At that point, they will apply for the larger grant from the Indiana Finance Authority. (Source: Asbestos and Mesothelioma News)

Discovery of asbestos closes nashville ymca

NASHVILLE, Tennessee â€" Work crews doing renovations at the Nashville YMCA discovered asbestos during their work. The Y will be closed from April 2 to April 13 while the asbestos is removed. The asbestos is in the form of insulation in the walls. The members of the Church Street YMCA will be welcome at other Y branches during the closure. The Church Street facility is in the midst of a major renovation project which will add 60,000 square feet to the building. During the renovation, workers discovered but did not disturb the asbestos-containing obsolete insulation material. The Y administration has contracted with an asbestos abatement firm to remove the materials professionally during the closure. Vice President of Communications for YMCA of Middle Tennessee Phil Newman said that the administration has built in an extra day or two to the closure to be confident that all work will be completed in the time set aside. Asbestos is a fibrous mineral that was often woven and mixed into insulating materials before 1980 to take advantage of its insulating, fire resistant and rot resistant properties. Unfortunately, dust and fibers from asbestos have been shown to cause serious health complications. The tiny fibers, thousands of times thinner than a human hair, are invisible, but can be inhaled when they become airborne. Once in the body, there is a danger that they will become lodged in soft tissues, in particular in the lungs and the lining around the lungs. There, they cause changes to lung tissue that can eventually result in lung cancer and mesothelioma, a rare cancer that is currently diagnosed in about 6,000 people per year. Because of the health hazard, federal law requires that any work to remove or otherwise disturb asbestos containing materials must be done by professional who are trained and licensed to remove it safely. Closing down the building is a safety precaution to avoid exposing any of the Y’s 4,000 members to the risks of airborne asbestos. YMCA administrators said that asbestos air quality tests carried out immediately after the asbestos was discovered showed that there was no heightened level of asbestos in the air, so members who use the building are safe to continue doing so. Air quality tests will also be done after completion of the work to ensure that it is safe to reopen to the public. It is not unusual for asbestos to be found in older buildings like the YMCA building on Church Street. The EPA estimates that there are over 700,000 public buildings across the U.S. that were built with asbestos containing materials. Often, the asbestos containing materials are only discovered during renovations or when a building is about to be demolished. In either case, federal law requires that asbestos be managed or abated by professional contractors. The cost of removal can sometimes equal the cost of the rest of demolition or renovation, though it is sometimes covered by insurance. (Source: Asbestos and Mesothelioma News)

North shore mining company seeks to change asbestos limits

SILVER CREEK, Minnesota â€" Last week, the Minnesota Appellate Court heard arguments from the North Shore Mining Company concerning existing legislation that dictates the levels of asbestos that their plant near Silver Creek may emit into the atmosphere. Once widely used in the construction industry and in manufacturing, asbestos was banned from many uses in the 1970s after it became evident that exposure to airborne asbestos was related to many different diseases, including mesothelioma, a cancer that affects the pleural lining. Mesothelioma affects about 3,000 more people each year, as those exposed in past decades become ill with the aftereffects of that exposure. The incidence of asbestos-related diseases continues to increase, though health officials claim that it should peak in the next several years and begin to decline as a result of the bans in the 1970s and the reduction in asbestos use. The current conflict between the North Shore Mining Company and various environmental and public health concerns focuses on a controversial ruling that has been in place for well over a decade. A federal judge, asked to set a limit for asbestos emissions from the mining plant on the outskirts of Silver Creek consulted with experts and found that none could agree on a ‘safe’ level for asbestos exposure. He created a ruling that he meant only to stand until science had established a safe level threshold for asbestos exposure. That standard has not yet been established. In fact, most world health organizations agree that there is no safe level of asbestos exposure. Instead, the judge ruled that emissions from the plant could not boost the asbestos level in the atmosphere around it any higher than a comparable air sample taken in St. Paul. That ruling still stands. The emissions from the plant must be equal to or lower than the asbestos level in the air in St. Paul. Now the mining company is asking the state appellate court to remove what they call ‘a moving target’. Attorneys for the company point out that the plant installed air scrubbers and other equipment to bring their emission levels down, and that for decades now, the emission levels have been below the target levels taken in St. Paul. However, recent air sampling tests in St. Paul show that the asbestos levels have dropped still further. The company says that this is unfair to them, and are asking that the asbestos limit be removed. Residents of Silver Creek and numerous health and environmental agencies are concerned that if the limits are lifted, the mining company will be free to remove all their efforts to clean the emissions of asbestos fibers and put the residents at risk of asbestos exposure. The attorney generals of both Minnesota and Wisconsin also oppose the motion to remove the limits, fearing that it will give the mining company carte blanche to pollute the air and put the health of the citizens at risk. (Source: Asbestos and Mesothelioma News)

Asbestos hazard for loggers in kootenai forest

LIBBY, Montana â€" A research project conducted by the U.S. EPA uncovered an asbestos hazard in the Kootenai Forest, 20 miles outside Libby, Montana, location of the former W.R. Grace asbestos-contaminated vermiculite mine. The asbestos hazard may not be connected to the mine, though. The project, conducted in 2006, found that trees cut down in the Kootenai National Forest area released asbestos fibers when they are cut down. The study used a control area in Missoula, Montana as a comparison. The asbestos contamination may be associated with a former vermiculite processing plant located nearby. Vermiculite mined at the Libby mine was contaminated with tremolite asbestos. The mine operated for decades, and was closed in 1994. In the years since its closing, over 1,200 residents of Libby and the surrounding areas have been diagnosed with mesothelioma and other asbestos-related diseases. Asbestos is a naturally occurring mineral that has been mined and processed for use for centuries, but it wasn’t used widely until the middle of the last century. In the years between World War I and 1980, millions of tons of asbestos were mined, processed and used in consumer products throughout the world. The EPA estimates that asbestos was used in over 700,000 public buildings, 30,000 schools and as many as 26 million homes during those years. Asbestos dust contains miniscule fibers of the mineral that are a serious health hazard when inhaled or swallowed. The fibers can remain in the body for decades, causing significant and serious health hazards that include pleural scarring known as asbestosis. Asbestosis is a progressive condition characterized by scarring of the lungs. Other conditions associated with asbestos are lung cancer and mesothelioma, a deadly rare cancer that is only found in those who were exposed to asbestos. The Libby mine has been in the news for several years because of the hazards associated with breathing asbestos-laced dust. W.R. Grace, who operated the mine from 1963 to 1990, has faced hundreds of thousands of claims related to its sale of asbestos-contaminated vermiculite. The vermiculite mined at Libby was processed and much of it sold as Zonolite Attic Insulation, which was meant to be spread loose in attics. It’s estimated that Zonolite may be found in millions of homes around the country. The EPA recommends that homeowners who find Zonolite in their attics avoid disturbing it as much as possible because of the possible hazard of asbestos exposure. The results of the Kootenai study suggest that there may be even more danger of asbestos exposure in the Libby area. Researchers measured the levels of asbestos in the breathing zone and in the clothing of loggers harvesting firewood in the Kootenai National Forest. They found high levels of asbestos contamination when trees were being cut down. Loggers involved in harvesting wood in the Kootenai Forest should be aware of the dangers of asbestos, and consult their doctors about follow-up care and monitoring for the early symptoms of asbestosis or mesothelioma. (Source: Asbestos and Mesothelioma News)

Canada labour body puts asbestos ban decision on hold

CANADA â€" The Canadian Labour Congress has refused for decades to criticize the asbestos industry, internationally criticized as a deadly threat to its works and the public at large. Now, a movement that started last fall to call for a national ban on asbestos has been stalled. Ken Georgetti, CLC president, said last fall that he was embarrassed by Canada’s leading role in international asbestos trade. He promised that at the next XLC meeting, the labour body leaders would call for a ban on the production of asbestos in Canada. Georgetti said that asbestos should have been banned years ago. “I’m ashamed that we export asbestos to Third World countries,” he told a gathering of the Saskatchewan Federation of Labour in October. Last week, the executive committee meeting came and went, and the discussion never happened. Instead, there was only the promise to debate the asbestos issue again soon. Michael Arsenault, president of the Quebec Federation of Labour, convinced the body to wait on a call for an asbestos ban until after the Health Canada study on the risks of asbestos is completed and made public. Arsenault maintains that working in an asbestos mine is no more dangerous than working on a street corner in Toronto. He says that people have developed a “psychosis” over the mineral fibers that have been proven to cause mesothelioma and increase the risk of many other cancers and respiratory illnesses. Arsenault said Monday. “It’s a very dangerous animal, but now we know how to work with it in a safe way.” There are roughly 700 people working in Quebec’s asbestos industry. The International Labour Organization, the World Health Organization and the International Association for Cancer Research have all called asbestos a deadly threat. Canada is the only developed nation still producing the mineral. Quebec, which is the location of Canada’s only two asbestos mines, has one of the highest rates of mesothelioma in the world. Canada’s government has spent nearly $20 million in the past twenty years to promote asbestos exports, mostly to developing nations to use in construction material. According to official sources, the government believes that asbestos is safe if handled properly. Georgetti called for the government to take a lead role n closing the mines, including providing financial support for displaced miners. He stated that any call for a ban from the CLC wouldn’t have an immediate affect on asbestos production. The government should also provide support for the communities that depend on asbestos mining for stability. If the government were to do that, he said, the council’s decision would be very easy. Nearly 97% of the asbestos mined in Canada is exported to developing countries like India and Pakistan. Asbestos has been banned by most developed countries and a growing number of developing nations. The World Health Organization estimates that as many as 100,000 people annually will die of asbestos-related diseases in the coming decades. (Source: Asbestos and Mesothelioma News)

Lorraine apartment owners to pay for asbestos cleanup, air monitoring

GLOUCESTER, Mass. - The Massachusetts Department of Environmental Protection will bill the owners of the Lorraine Apartments for environmental monitoring in addition to making the building owners responsible for asbestos cleanup at the site of the December 15 fire. That fire killed one person, 70 year old Robert Taylor. Taylor’s body has yet to be recovered from the ruins. Recovery efforts have been postponed by the weather, the holidays and most recently, by the discovery of asbestos in the ruins. That discovery has necessitated safety precautions for all recovery workers to protect them from the dangers of airborne asbestos dust. Asbestos is a known carcinogen that causes a number of different cancers, including the relatively rare cancer, mesothelioma. Mesothelioma most often affects the lining between the lungs and the chest wall, but may also affect the lining of the heart chamber or the linings around the abdominal organs. City officials say that the owners of the Lorraine Apartments, demolished in a December 15 fire, will have to pay for removal of the asbestos containing ruins from the site. After fire officials noticed visible signs of asbestos in the rubble of the gutted apartment building and called upon the state Department of Environmental Protection for testing. When the tests proved positive, the DEP sent a notice of responsibility to the buiding’s owners. That notice requires that 80 Middle St. LLC of Lynnfield hire a licensed asbestos contractor to develop an abatement plan for removing asbestos from the site without releasing the asbestos fibers into the air. A similar situation in New Haven has raised concerns that firefighters there may have been exposed to asbestos, but a DEP spokesman in the Gloucester case says that there is no concern about risk to firefighters or neighboring homes. According to Joe Ferson, the asbestos was soaked with water when the fire was fought, preventing it from becoming airborne. Airborne asbestos fibers have been proven to cause a number of illnesses, including the rare cancer, mesothelioma, which affects the lining of the lungs, or more rarely, of the abdomen or heart. In addition to paying for the removal of asbestos from the destroyed building, owners Gary Raso and Daniel Gattineri will also be expected to reimburse the DEP for air quality monitoring to ensure that it remains safe. However, says Ferson, “We’ll worry about cost recovery at a future date.” Meanwhile, a recovery team carefully sifts through the rubble looking for the remains of Robert Taylor and for evidence of the origin of the fire. They are using water suppression to keep the asbestos wet, lessening the chance of rising a dust that contains asbestos fibers. The handling of asbestos is one of the major factors slowing and complicating the recovery effort. Neighboring public buildings, the YMCA and the Sawyer Free Library, have had their air quality tested to be sure that the air quality was safe. Both say that the tests showed their air is clean. (Source: Asbestos and Mesothelioma News)

Iowa dnr refers asbestos exposure case to attorney general

DES MOINES, Iowa â€" On Tuesday, the Iowa Environmental Protection Commission voted to refer the Equitable Building asbestos exposure case to the Iowa Attorney General’s office. Developer Bob Knapp’s attorneys or representatives did not appear at the meeting. The Iowa Department of Natural Resources has accused the building developer, Bob Knapp, and his crews of violating a number of regulations whose purpose is to protect workers and the public from the hazards of asbestos. Asbestos fibers can become airborne and be inhaled by people in the area. Inhaled asbestos fibers have been implicated as the only known cause of mesothelioma, a deadly cancer that affects the lining of the lungs, the heart or the abdominal cavity. Knapp and his company are remodeling the upper floors of the Equitable building in downtown Des Moines into condominiums. The DNR has assessed multiple incidences of noncompliance with federal and state regulations regarding the handling and removal of asbestos containing materials against Knapp and his contractors. The DNR can assess fines of up to $10,000 per incident, but in this case the agency and the DNR lawyers feel that a higher fine is warranted. The Attorney General’s office could conceivably assess fines of up to $10,000 per day for every day a violation occurred. The AG’s office seldom assesses fines for each day of a violation, but the option exists. Meanwhile, tenants in the Equitable Building are upset that the Iowa DNR did not inform them that asbestos had been found in the building. John Bouslog, a partner in a law firm that has been a tenant of the building for several years, said that every tenant in the building is very very disappointed that the notification of asbestos’ presence was delayed for nearly four months. “We have one secretary who is pregnant,” he said. “Is she in jeopardy? Is the baby in jeopardy? I hope not.” Bouslog made the comments during the public hearing part of the commission’s meeting. He, along with other tenants, asked the commission to find out why the Department did not inform the tenants of potential asbestos problems. Knapp’s lawyers will appear before the commission this afternoon. Bouslog said that an air sample was taken in the building and showed no asbestos. However, another tenant on a different floor hired an independent laboratory to check for asbestos. Those tests came back positive. Asbestos exposure can lead to mesothelioma, lung cancer, asbestosis and other illnesses and health conditions decades after the exposure happens. It’s not unusual for older buildings to have asbestos containing materials. Asbestos was used in everything from pipe insulation to floor tiles. While asbestos presents no danger as long as the materials in which it is contained are in good repair, asbestos fibers can become airborne when those materials are damaged. For that reason, states and federal agencies have strict regulations regarding notifications and inspection to reveal the presence of asbestos when older buildings are being renovated or demolished. (Source: Asbestos and Mesothelioma News)

Winona state university faces $24,500 asbestos fine

WINONA, Minn. - Winona State University may be paying out a total of $24.500 in fines for workplace safety violations related to the removal of asbestos from several campus locations this year. Among the locations that were not properly cleaned of asbestos are some student dormitories. According to the Occupational Safety and Health Administration, the university did not take the necessary precautions to protect workers from asbestos when they removed, repaired or replaced insulation this year. OSHA declined to offer any details about the seven citations because the university has contested the allegations and the matter is still under investigation. Cristeen Custer, a University spokesperson said that the university is cooperating with OSHA in their investigation. She said that the university is taking the situation seriously, and that they believe that the university’s discussions with OSHA will have a positive result. In reference to whether students could have been exposed to asbestos during the repair work, Custer responded that student safety is of critical importance to the university and the school would never jeopardize the health of its students or workers. If there had been a concern, Custer said, the college would have alerted students to the fact. According to the copy of violations posted for workers at Winona State, the follow specific shortcoming have been identified and are being investigated: Lourdes Hall and Richards Hall: asbestos work was not properly supervised when a water softener was replaced and pluming work was done in February and May of this year Required air quality monitoring was not done when asbestos was removed from piping, so it is not known how much concentration of asbestos fibers workers may have been exposed to Filtration and collection systems were not used to clean air contaminated with asbestos Workers did not wear required protective clothing during the removal of asbestos The university did not place proper warning signs at the entrances to mechanical rooms, tunnels and other places on campus where asbestos containing materials are found The university has no monitoring records for exposure to asbestos for any of the work that has been done in removing and repairing asbestos from September 1995 to September 2005 If the negotiations between the university and OSHA do not go well, the university will face fines of nearly $25.000 for its negligence of accepted safety procedures when handling asbestos and asbestos containing materials. These precautions are necessary because asbestos is a known carcinogen for which there is no known safe level of exposure. When asbestos containing materials are disturbed and asbestos dust is released into the air, it can become a ticking time bomb in the lungs or other organs of workers who inhale or swallow it. Exposure to asbestos can lead to lung cancer, asbestosis and mesothelioma, a rare cancer that affects the epithelial tissues that surround organs like the lungs, abdomen and heart. The conditions can take up to 40 years to manifest, but when they do it is almost always too late to do anything other than wait for death. (Source: Asbestos and Mesothelioma News)

Asbestos discovery brings demolition of burned out building to halt

BELLAIRE, Ohio â€" Contractors stopped demolition work on the burned out Barsi Building Monday after discovering asbestos behind a front wall. The delay may cause the demolition to run beyond its March 31 deadline for completion. The Barsi Building, a downtown building with a long history, burned in a fire December 1st that closed businesses all along Belmont Street. The fire was judged to be one of the most spectacular in Bellaire history, and required 15 fire departments to bring under control. In the aftermath, there were fundraisers and meetings as the entire village rallied to help businesses reopen. It wasn’t until late January, though, that demolition on the remains of the building began. On January 27, Demolition Man, the company chosen to do the work, began the process of tearing down the structure at 3315 Belmont Street. Nick Masciarelli said at the time that the delay in starting demolition â€" nearly two months after the fire â€" was due to a combination of things, including acquiring the proper permits and unavailability of equipment to reach the upper floors of the building. “We got our permits and we got our insurance, but then we had to find a piece of equipment high enough to reach,” Masciarelli said. “The power plant had all of the 60 foot reaches, and that held us up.” Masciarelli has until March 31 to complete the project. In an interview at the start of demolition, Masciarelli said that the Environmental Protection Agency would inspect the site for asbestos once the company had removed the top two stories of the structure. He stated that unless he runs into an asbestos problem or inclement weather, he didn’t see any reason that he couldn’t meet the March 31 deadline. Masciarellie said that it’s just not that easy to do things the right way. “We had to get permits and had to get the power company to cover the wires. It just takes time, but you have to be safe,” Masciarelli said. His main concern back in January was protection of the public, and of other people’s property. Now, it seems, his worst fears have come true. The EPA investigation turned up asbestos behind a front wall of the building. Crews discovered asbestos inside the Barsi Building after they removed a front wall. Masciarelli called in the EPA to test the walls. On Friday, the EPA confirmed the presence of asbestos in the walls. Now, says Masciarelli, there will be no more work on the site until the asbestos is removed. It’s the only safe way to handle things. He said that if he continues other demolition and “the material comes down on the asbestos”, they consider all the material contaminated. It has to be removed because it will become a health hazard if the material becomes airborne. Airborne asbestos is a cancer hazard, and may cause mesothelioma, a rare, deadly cancer that is only caused by inhaling fibers of asbestos. At present, because the asbestos is not airborne, he stressed that the building is not a health risk and nearby residents should not be concerned. (Source: Asbestos and Mesothelioma News)

Truck carrying asbestos overturns on queens highway

NEW YORK â€" A tractor trailer driver lost control of his truck on the Clearview Expressway around 2 pm Sunday and spilled asbestos containing material across the road. Artur Gaska, 39, was driving on the highway Sunday afternoon when he lost control of his tractor trailer truck and struck the median, then overturned the trailer. Waste in the back of the truck spilled across the road. That waste turned out to be toxic asbestos containing material. Gaska fled the scene and was arrested later in Philadelphia. Police are still questioning him about his cargo and its destination. Asbestos is classified as a toxic substance by the EPA. Even in very small amounts, asbestos dust in the air may cause a number of serious illness when inhaled. Among the illnesses are lung cancer, asbestosis and mesothelioma, a rare cancer that is more prevalent among certain occupational groups that worked with asbestos. Because asbestos dust presents a serious health hazard, the federal government has strict regulations regarding its removal and disposal. Asbestos, which is very often present in older homes, must be removed from all properties to be demolished before demolition begins. The asbestos removal must be carried out by a trained and licensed contractors who take specific precautions to avoid releasing asbestos into the atmosphere. The methods of removing asbestos safely include containment by plastic to keep asbestos fibers in a small area, and the use of protective equipment when working with asbestos containing materials. In addition, asbestos containing materials may only be taken for disposal to landfills that are equipped to handle the hazardous substance. Asbestos removal can add considerably to the cost of demolition and renovations. Many major cities are facing the problem of dilapidated and crumbling properties that have been abandoned by their owners who will not pay the costs of asbestos abatement before demolishing their buildings. Those buildings become both a public safety hazard and a health hazard when the asbestos containing materials inside begin to deteriorate and release asbestos into the atmosphere. Improper removal and/or disposal of asbestos debris carry heavy fines, and may put a company in line for multiple fines for a single incident. If the truck’s asbestos laden cargo was being hauled illegally or being transported to an illegal asbestos dump site, Gaska’s employers, as well as Gaska himself, could find themselves facing criminal charges, civil fines and punitive fines, as well as expensive penalties from a number of different agencies. Police are still uncertain about the details of the crash and why Gaska left the scene of the accident, but there are reports that the truck was covered only with a tarp. Because of the dangers of airborne asbestos fibers, asbestos is supposed to be hauled in closed containers. Officials closed the Clearview Expressway for over 12 hours while workers from the Department of Environmental Protection cleaned up the asbestos spill wearing hazmat suits and gas masks. “(asbestos) is very dangerous when it’s airborne,” said trucker Vinny Chieffo, who added that the truck should not have been carrying asbestos with just a drape over it. (Source: Asbestos and Mesothelioma News)

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Asbestos fears delay demolition of drug houses

HAINES CITY, Florida - A pair of reputed drug houses can not be scheduled for demolition until the results of asbestos tests are returned, say officials in the small town of Haines City. The two houses, located at 1102 Avenue G and 1607 Martin Luther King Jr. Way, sit side by side in the Oakland neighborhood. They were seized by the city after city attorneys proved in court that they were the sites of criminal activity. Demolition of existing drug houses is a common measure in the fight against crime in inner city locations. This time, though, officials were in for an unexpected surprise. While demolition crews stood ready to start dismantling the houses, a city worker recognized asbestos shingles on the two structures. Because federal law requires special measures to be taken when demolishing a building that contains asbestos, demolition was halted until the city can determine how to deal with the asbestos in the buildings. Both buildings share an owner, Patricia Anthony. Since the city seized the houses, “No Trespassing” signs have been posted, along with a sign informing neighbors that the houses were seized because of the known drug activity that took place thee. Those signs may soon be joined by a third one informing neighbors about asbestos removal about to take place. The city contracted with a company from Tampa that specializes in asbestos testing. Samples were taken Friday. The city is now awaiting results of those tests before making any further decisions about the properties. Assistant City Manger Ken Sauer says that he expects the results back by the end of the week, but wouldn’t be surprised for those results to be delayed because of the holidays. Until the results are known, the city can’t make further plans. Asbestos removal can add tens of thousands of dollars to the price tag for demolition. “It will happen pretty quickly after that,'’ Sauer said. “We will get it scheduled and tear it down.'’ The special handling is necessary because asbestos can create a serious health hazard when it’s disturbed. Demolition usually results in dust and debris. When the property being demolished was built before 1980, there’s a good chance that that dust will contain high concentrations of asbestos, a mineral that was once widely used in construction. Many uses of asbestos have been banned by the United States, and others are highly regulated after it became generally known that asbestos dust causes a rare but nearly always deadly form of cancer, mesothelioma. In addition, inhaling asbestos can cause many other lung diseases, including lung cancer. When asked, the city manager, Ann Toney-Deal, said that the city will still go ahead with the demolition if the buildings are found to contain asbestos. They’ll use a method of demolition known as “wet” demolition. The wet demolition method uses water to keep asbestos dust down at demolition. The city has used wet demolition in the past to tear down two old buildings in Oaland in the past couple of years. The wet method was also recently used to demolish an old office building in Forth Worth, Texas, raising a lot of questions and concerns about its use in crowded neighborhoods. (Source: Asbestos and Mesothelioma News)

British developer working on statler towers accused of asbestos exposure

BUFFALO, New York â€" Among the charges being leveled against a British developer who is renovating the Statler Towers are allegations of forcing workers to remove asbestos without protective gear, training or proper supervision. OSHA’s National Labor Relations Board is looking into allegations that BS Construction, Ltd., a London development company controlled by Bashar Issa, has endangered workers at the $118 million Statler Towers renovation in a variety of ways, including exposing workers to both asbestos and toxic lead paint without providing proper training or equipment. The news comes amid reports from overseas that Issa may face criminal charges in the death of a construction worker at a site in Manchester in the UK. According to the reports, Britain’s Health and Safety Executive is jointly probing the death last August of a construction worker who was killed when his head was crushed by a steel beam being hoisted on a makeshift pulley at a site being renovated by Issa’s company. The development company is also being investigated for numerous violations of the British Health and Safety at Work Act â€" nineteen notices of non-compliance in 2007. Workers at the Statler site have unionized over what they call unsafe and dangerous working conditions and substandard wages. Issa claims that the safety and labor issues on the Statler site are “distractions” whose only purpose is to force his company into signing a contract. Issa said that labor costs will determine whether or not he can move ahead on a second development project at South Elmwood Avenue â€" a $361 million 40 story mixed-use tower. On the Buffalo project, Issa’s U.S. BSC Development Buffalo LLC is facing allegations of trying to block union organizing efforts, and of having workers remove asbestos and lead paint without proper gear. OSHA has filed seven citations against the construction arm of BSC in connection with lead paint and asbestos violations. Both lead paint removal and asbestos removal are closely regulated, and subject to oversight by OSHA because the substances are toxic. OSHA regulations set out specific procedures and conditions for workers who are exposed to the toxic substances. Lead causes a wide range of illnesses when it is ingested or inhaled. Asbestos also is a toxic substance which causes many forms of cancer, including mesothelioma, a rare form of malignant cancer that affects the pleura and other organ linings. Among the charges leveled in sworn statements from demolition and construction laborers are affidavits contending that workers were ordered to remove sections of walls and ceilings, exposing asbestos. They were not provided with protective suits, breathing apparatus or any training about proper removal and containment techniques. In addition, the workers charge that BSC retaliated against union activity by firing about twenty workers. Two workers also claim that they were fired for attending a seminar on handling asbestos. The workers on the project joined Local 122 last year, and are demanding a raise in wages from the $8 an hour being paid for “unskilled laborers” by Issa. At least one columnist has questioned whether it is worth being exposed to life-threatening conditions for $8 an hour. Issa states that paying the $23 an hour that workers are demanding is akin to “paying doctor’s rates for laborer’s jobs”. It just doesn’t make sense, he said. (Source: Asbestos and Mesothelioma News)

Colorado high school evacuated for asbestos danger

BROOMFIELD, Colo.- Boulder Valley School District in Colorado has ordered the emergency evacuation and indefinite closure of Broomfield High School in Broomfield, Colo. The closure and evacuation were prompted by high levels of asbestos in a boiler room and adjacent corridors. Environmental contractors have been hired to investigate the source and scope of the problem on the weekend following the Friday, December 14 closing. “We want to be very careful,” said Briggs Gamblin, a school district spokesperson. The school has been marked off limits with yellow caution tape and warning signs have been posted. All classes and activities at the high school are canceled until further notice. The asbestos problem first came to the school’s attention after a boiler failed at the school on November 6. Because the school is over 40 years old and the boiler is also older, school officials informed the School Department of the incident because of concerns about asbestos. After the repair work was done, say reports, maintenance staff swept up the debris from the work for future disposal and made the notification. Boulder Valley School District Operations and Environmental Services were notified of the incident and collected samples of the debris for testing. The test results came back on December 12, showing higher than expected levels of asbestos in the boiler room. The school officials had thought that the higher levels of asbestos were confined to the boiler room. Tests on the boiler room showed that the initial problem had been cleaned up, but a round of precautionary tests in the areas around the boiler room told another story. The results of the latest round of testing were received by the school at 4:30 p.m. Friday afternoon. Those results showed unsafe levels of asbestos in the corridor outside the boiler room. School and district officials had originally believed that the asbestos hazard was confined to the boiler room. The results of the later tests came as a shock. At this time, they believe that the asbestos is from the boiler room and from another, unknown source. Gamblin said that the results led to the decision to close the school until the air quality is deemed safe. At this time, it’s unclear how long that will be. According to a news release from the school district, “Follow-up air quality testing results on samples taken from the 400 corridor of the school came back with higher than expected levels of asbestos. These ratings are above acceptable safety levels.” The finding of unsafe levels of airborne asbestos in the school is a major concern. The mineral, which is present in nearly any building built before about 1980, has been implicated in the development of many lung diseases including mesothelioma, a rare cancer that can take up to thirty years after exposure to develop. School officials admit that they don’t know how long the asbestos levels have been high enough to expose students and staff to unsafe levels of the toxic particles. They began testing for asbestos after the boiler failure in early November. The school district calls the news “unsettling”, and says it will not reopen the school until it is 100% certain of student and staff safety. They warned parents that the asbestos issue may arise again in the future, as the average age of the school district’s building is 44 years old. (Source: Asbestos and Mesothelioma News)

Illinois ag charges bloomington building owner with asbestos violations

CHICAGO, Illinois â€" The Illinois Attorney General has brought suit against a Bloomington building owner and his tenant, charging them with violations of the federal Clean Air Act. The charges stem from the alleged illegal removal of floor tiles that contained asbestos during a 2006 renovation project. The complaint was filed in McLean County Circuit Court. It names Merle Huff, owner of the Front ‘N’ Center Building, and his tenant Ben Slotky as defendants, and alleges that Huff allowed Slotky to remove tile flooring materials that contain asbestos, and place them in unsealed plastic garbage bags. Federal law requires that all materials containing asbestos be removed by a licensed asbestos contractor following specified procedures to prevent the contamination of the environment with asbestos. Slotky is not a licensed contractor, and did not follow prescribed procedures for storage and disposal of the asbestos-containing materials. Attorney General Lisa Madigan pointed out that as there is no known safe level of exposure to asbestos, the careless and improper handling of asbestos created a “very serious danger to public health”. Asbestos is a known carcinogen that causes mesothelioma, a rare cancer that affects the lining of the lungs and other organs, and increases the risk of developing lung cancer and a number of other cancers. The fibrous mineral was widely used in construction until the 1980s, when it was banned for many uses. It is not considered a health hazard as long as the materials in which it is contained are in good repair and undisturbed. When materials like floor tiles that contain asbestos are worn, broken or otherwise disturbed, the dust created contains microscopic asbestos fibers which can be inhaled by anyone in the area. Inhaled asbestos fibers are believed to be the cause of mesothelioma, asbestosis and other disabling conditions. The complaint filed by Madigan alleges that both Slotky and Huff failed to inspect the premises and follow required work practices. Huff failed to inspect the area for asbestos before work began on the renovation. That inspection is required by the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations. Huff also did not limit access to the work areas, and allowed it to be reoccupied before air quality tests proved it to be safe, and before proper cleanup was completed. The complaint includes allegations that Slotky violated a number of NESHAP regulations in removing the asbestos-containing floor tiles. NESHAP requires that asbestos-containing materials be placed into sealed containers that are distinctly marked with warning labels, and delivered to a facility that is licensed for handling asbestos. The suit also alleges that Slotky did not properly contain the area where he was working, possibly leading to the release of asbestos fibers into the air in the building, and that he did not properly decontaminate the exterior of containers and the equipment used to remove the flooring tiles. The lawsuit stems from a March, 2006 renovation project at the Front ‘N’ Center Building. Illinois Department of Public Health inspectors responding to a complaint from neighbors found piles of flooring materials and carpeting on site. Testing of the samples confirmed that they contained asbestos. An emergency stop work order was issued, and apparently ignored by the building owner, who also failed to hire a licensed asbestos contractor to see to the removal of the materials. The AG’s office asks for both a monetary penalty, and that the court prohibit the defendants from further violations of environmental law. (Source: Asbestos and Mesothelioma News)