Archive for the ‘Asbestos Abatement’ Category

Mesothelioma Risk Arises Through Faulty Asbestos Abatement Scheme

Wednesday, June 3rd, 2009

An environmental lab in New York was recently indicted for supplying contractors fake test results in an effort to hide shady asbestos removal techniques within homes, colleges and businesses.

The 16-count indictment came from a federal grand jury and accused Certified Environmental Services Inc. of conducting false air quality tests over the past 10 years. It is believed that the false air quality tests enabled contractors to mislead building owners into thinking asbestos was properly and fully removed.

Assistant U.S. Attorney Craig Benedict said, “The air monitors were giving them false air results to cover up rip-and-runs. Laboratory reports were being generated and given to building owners to tell them that there was at or below detectable levels in their buildings. In other words, ‘It’s clean. You can go back in.’ In a lot of instances, that was utterly not so.”

A total of five Certified Environmental Services employees have been named in the indictment and the company was charged with Clean Air Act violations, mail fraud and making false statements to special agents of the Environmental Protection Agency.

The locations where asbestos was purposely left behind include a sorority house at Syracuse University, a furniture warehouse, the building housing Syracuse television station WSTM, a medical office building, a reading room at the Kellogg Library in Cincinnatus and a Jobs Corps building in Oneonta.

The charges against the five employees and Certified Environmental Services stem from the hazardous nature of asbestos. Failure to properly remove asbestos-containing materials can lead to asbestos exposure, which is noted to cause lung cancer, asbestosis and mesothelioma.

Mesothelioma is particularly harmful due to the severe latency period of symptoms, ranging anywhere between 20 and 50 years. In most cases, mesothelioma patients are diagnosed when the disease has already reached the advanced stages of development because symptoms are often confused with other, less serious illnesses.

In addition, the indictment stated Certified Environmental Services falsified lab reports and air tests for about 30 other properties in Central New York. Benedict said Certified Environmental Services participated with multiple contractors in central New York, but declined to say how many. The other contractors involved in the scheme have not been charged.

Additional information about mesothelioma may be found through the Mesothelioma Cancer Center.

Midtown Plaza in Rochester to Receive Asbestos Abatement

Wednesday, May 27th, 2009

According to a press release issued by the city of Rochester, New York, the Empire State Development Corporation has approved the asbestos removal contracts for Midtown Plaza.

The two companies that were awarded the contracts include Cambria Contracting, Inc. and Paradigm Environmental Services, Inc. The funds for the asbestos abatement and air monitoring project stem from the Empire State Development (ESD) through a $55 million Upstate City-by-City grant.

ESD Upstate President Dennis Mullen said, “ESD is very pleased with the selection of these two companies for this important component of the Midtown redevelopment effort. Without Governor Paterson’s continued support of this effort, we would not be able to continue moving forward with our goal to revitalize downtown Rochester.”

Cambria Contracting, Inc. is headquartered in Lockport, New York and is very experienced in asbestos abatement and other environmental remediation. Cambria intends to hire local labor for the work through local unions, advertising and interviews.

Mayor Robert J. Duffy said, “We are reshaping downtown Rochester and the Midtown Rising project is the cornerstone. I am pleased that the abatement contractor will be putting local people to work and that the air monitoring contractor is a city firm. It is vitally important that we use local workers in this stressed economy.”

Approximately $34.1 million of the grant is being dedicated to the asbestos abatement contract and will cover all costs, including the removal, transportation and disposal of asbestos-containing materials. The city of Rochester wants to avoid risks of asbestos exposure, which has been linked to several asbestos-related diseases, including lung cancer, asbestosis and malignant mesothelioma.

Paradigm Environmental, Inc., which has offices in the city of Rochester, has more than 18 years of experience in asbestos inspection and air monitoring services. About $1.69 million will be dedicated to the air monitoring contract to provide an independent asbestos monitoring consultant throughout the project.

In addition to asbestos, the consultant will provide oversight for all other hazardous materials removed during the demolition and abatement phases. The project is scheduled to begin this summer and is expected to last about 14 months.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

New Texas Bill May Ease Litigation Process for Mesothelioma Patients

Friday, May 15th, 2009

Victims of asbestos exposure may experience greater ease in filing asbestos lawsuits due to a new bill introduced in the Texas Senate. Dubbed the “mesothelioma Senate Bill 1123,” this new legislation, if passed, may ease the requirements for plaintiffs who file a lawsuit to seek compensation following an asbestos-related disease diagnosis.

Introduced by Senator Robert Duncan, the bill will significantly lower standards that are required to demonstrate proof that exposure to asbestos was the cause of a patient’s cancer development. Senator Duncan said recent court rulings have made filing an asbestos-related lawsuit extremely difficult for mesothelioma patients who must provide evidence for the cause of their cancer.

The bill is currently pending and officials have noted that the legislation may face opposition from interest groups, corporations and businesses.

Asbestos lawsuits are often filed by patients diagnosed with mesothelioma. Malignant mesothelioma is a rare form of asbestos lung cancer caused almost exclusively by asbestos exposure. The cancer develops in the mesothelium, a membrane that covers many organs.

Asbestos is still present in many industrial products such as roof shingles, pipe insulation, flooring, brake linings and cement. Approximately 2,000 to 3,000 cases of mesothelioma are diagnosed each year, accounting for approximately three percent of cancer diagnoses in the United States.

Many mesothelioma patients were exposed to asbestos as a result of job site exposure.  The dangers of asbestos exposure were known long before any efforts were made to protect citizens and workers. Thousands of American workers were exposed to asbestos during the 20th century, without warnings provided from companies that knew of the dangers associated with the toxic mineral. Asbestos manufacturers were often aware of the hazardous qualities associated with exposure, but buried any evidence that placed asbestos in a negative light.

Mesothelioma patients who have filed lawsuits in Texas currently face tough regulations with regard to providing proof of their exposure and cancer development. Due to a latency period lasting anywhere from 20 to 50 years, mesothelioma can be extremely difficult to diagnose, further increasing difficulties for patients with mesothelioma in Texas. Victims have faced numerous obstacles in seeking compensation due to the lack of evidence.

If the bill is passed by the Texas House, it will put Texas in line with other states when it comes to asbestos legislation. The level of proof will be reduced under the bill and victims may have an easier time receiving compensation from those who are deemed responsible.

Additional information about asbestos legislation and mesothelioma may be found through the Mesothelioma Cancer Center.

Largest Asbestos Penalty Issued for Iowa

Wednesday, May 13th, 2009

According to a news release issued by Iowa Attorney General Tom Miller, Equitable L.P. has been forced to pay a $500,000 fine for failing to perform safe asbestos renovations while working on the historic Equitable Building in downtown Des Moines.

“This is the largest civil penalty by far in Iowa for asbestos violations,” said Miller. “We alleged Equitable L.P. completely ignored asbestos-handling requirements during renovations from 2005 to 2007, until the Iowa Department of Natural Resources became involved.”

Asbestos, a naturally occurring mineral, was widely used in construction materials before the 1980s. Heavy use of this mineral has caused great concern for the construction industry as exposure to the toxic substance can cause sarcomatoid mesothelioma and other serious illnesses.

State and federal laws regulating asbestos have very strict requirements for handling asbestos-containing materials during demolition and renovations. Asbestos becomes hazardous as soon as its microscopic fibers become airborne, allowing the particles to be inhaled.

Department of Natural Resources (DNR) Director Richard Leopold believes the $500,000 civil penalty underscores the importance of properly handling and disposing asbestos-containing materials.

“What’s important to remember is that asbestos poses potentially serious health implications and that we do not have a situation like this happen again,” Leopold said. “This enforcement action should serve as a warning that the regulations relating to asbestos removal and disposal will be vigorously enforced.”

The Attorney General’s lawsuit alleges that Equitable L.P failed to do the following: inspect for asbestos, provide notice to the Iowa Department of Natural Resources, remove asbestos-containing material before renovation, properly handle asbestos-containing material during renovation, or properly dispose of the material.

After a complaint was filed about the renovation project in 2007, the DNR ordered Equitable L.P. to stop activities until all floors were thoroughly inspected by a licensed asbestos abatement contractor. However, Equitable L.P. continued renovations in violation of the order.

The DNR then issued a second Notice of Violation in 2008 for failing to comply with the previous order. After that, the renovations were completed in 2008 without any additional violations.

According to the Environmental Protection Agency, there is no safe level of asbestos exposure. Uncontained asbestos can present a serious hazard to those in the area, and despite whether a person’s exposure may be limited or extreme, they may still be at risk for illness later in life. Symptoms of an asbestos-related illness can take as long as 10 years or more to develop.

Additional information about mesothelioma and asbestos exposure may be found though the Mesothelioma Cancer Center.

Known Mesothelioma Cause Found in NBC's Washington, D.C. Headquarters

Thursday, May 7th, 2009

Management at NBC’s Washington, D.C. headquarters warned employees May 3, 2009 that the presence of asbestos was found on the first floor of the building.

An e-mail sent to staffers stated, “Please be advised that we have discovered that glue on the back of baseboard material in the first floor across the back of the buildings has been found to contain asbestos.”

The e-mail noted there are plans to remove the contaminated baseboards as a safety precaution and a contractor was hired to handle the abatement process.

Asbestos is a toxic mineral known to cause serious health conditions such as malignant mesothelioma, a rare and aggressive cancer. Approximately 2,000 to 3,000 Americans are diagnosed with mesothelioma annually and prognosis is generally poor since the disease is often undetected until it has progressed to later stages of development.

NBC’s Washington, D.C. headquarters is home to NBC News, MSNBC and WRC-TV. Asbestos was found in the area where a new WRC newsroom is planned to be located. The contaminated area was formerly used by Chuck Todd, political director and chief White House correspondent for NBC News, Lisa Myers, senior investigative correspondent for NBC Nightly News, and the WRC sports crew. The location also served as the central newsroom, where thousands of interviews were conducted.

The e-mail stated that beginning May 5, the area would be sealed and negative air pressure created will “reduce the risk of any material becoming airborne.” Airborne asbestos fibers can be inhaled or ingested into the body where they can become lodged in organs and cavities, leading to inflammation or infection. Overtime this can result in the development of an asbestos-related illness.

According to the e-mail, the air quality outside the contaminated location will be monitored “to insure that there are no airborne fibers.”

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

Mesothelioma Risk Still a Problem in Schools

Wednesday, May 6th, 2009

Five Arizona charter school operators have recently been fined $35,700 by the Environmental Protection Agency (EPA) for violating the Asbestos Hazard Emergency Response Act.

The fines result from the EPA discovering that operators failed to inspect for the presence of asbestos. In addition, the operators failed to develop asbestos management plans, which are a requirement for all schools by federal law. The schools have since completed inspections and have developed asbestos management plans.

Katherine Taylor, associate director for the Communities and Ecosystems Division in EPA’s Pacific Southwest region, said, “All schools, including charter schools, need to conduct asbestos inspections and have asbestos management plans. We are pleased that these schools have now conducted inspections and put asbestos management plans into place, as asbestos in schools has the potential for endangering the health of students, teachers, and others, including maintenance workers.”

Mesothelioma, a rare cancer almost exclusively caused by asbestos exposure, is one of the biggest concerns surrounding asbestos. Mesothelioma symptoms do not usually arise until roughly 20 years after the initial exposure occurred, and the prognosis of this illness is typically poor as most cases are diagnosed during the advanced stages of development.

The five schools involved in the violations include Phoenix Advantage Charter School, The Arts Academy at Estrella Mountain and South Mountain, The Hearn Academy, the Tucson Preparatory School, and the AAEC at Paradise Valley, South Mountain, and Red Mountain.

The operator in charge of Phoenix Advantage Charter School was fined $12,600. After asbestos testing and abatement procedures, the school still contains 3,200 square feet of actual or assumed asbestos-containing material.

The operator for The Arts Academy at Estrella Mountain and South Mountain was fined $10,200. While the Estrella Mountain location did not contain asbestos, the South Mountain location was found to contain 2,059 square feet of asbestos-containing materials.

The Hearn Academy operator was fined $8,800 and the school was found to contain 1,230 square feet of asbestos. The Tucson Preparatory School operator was fined $200 for not having a management plan even though asbestos-containing materials were non-existent.

The operator for AAEC at Paradise Valley, South Mountain and Red Mountain was fined $3,900 for failing to conduct an inspection of Paradise Valley and failing to have a management plan for all three locations.

According to the EPA’s asbestos in schools management plan program, all schools that contain asbestos must produce an asbestos management plan that details where asbestos is located in the school, the condition of the asbestos, and what steps have been taken to contain the asbestos and prevent exposure.

Schools that do not contain asbestos are still required to develop a management plan that includes the architect’s building inspection stating asbestos is not present.

Additional information about mesothelioma and asbestos may be found through the Mesothelioma Cancer Center.

Faulty Asbestos Abatement Addressed in Yamhill, Oregon

Monday, May 4th, 2009

The Oregon Department of Environmental Quality (DEQ) recently issued a penalty to Able Contractors Inc. for multiple violations related to an asbestos removal project in Yamhill, Oregon.

Able Contractors Inc. is a Brush Prairie, Washington-based company that specializes in asbestos removal and demolition. The penalty issued by the DEQ totaled $17, 588.

Asbestos, a naturally occurring mineral, was fitted in nearly every home or building built before 1978. Generally though, asbestos does not cause health problems unless its fibers are released into the air.

Evidence has proven that inhaling microscopic, airborne asbestos fibers is one of the leading mesothelioma causes. Although most cases of mesothelioma occur in the lining of the lungs, other areas that can be affected by the cancer include the lining of the heart and abdomen.

In addition, the inhalation of asbestos fibers can lead to the development of lung cancer and asbestosis, which is why the proper removal of asbestos is very important.

The recent penalty derives from a project in 2007, where Able Contractors Inc. removed 315 square feet of asbestos-containing sheet vinyl from a home. It was later determined that the friable material contained 20 percent chrysotile asbestos.

The DEQ fined the company $11,732 for failing to properly seal off the area where the asbestos abatement was being performed. Failing to do so can often lead to asbestos fibers reaching other locations.

The DEQ also fined the company for two additional asbestos-related violations, including a $5,206 fine for failing to conduct a final air sampling test and a $650 fine for failing to state the method of asbestos abatement used throughout the project. Air sampling is required for abatement projects involving more than 160 square feet of asbestos-containing material.

Able Contractors Inc. has been a licensed asbestos abatement contractor since 1999. With the penalties filed, the company has until May 13 to make any kind of appeal towards the fines. If Able Contractors chooses not to appeal the penalties, full payment will be due.

Although federal regulations for asbestos abatement may vary from state to state, it is important to note that all guidelines are strictly enforced and should be followed.

Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Cancer Center.

Asbestos Removal Delays Opening of U.S. Olympic Committee Headquarters

Monday, April 27th, 2009

The completion of the new headquarters for the U.S. Olympic Committee’s (USOC) office in Colorado Springs has been delayed two months due to lengthy asbestos abatement.

The offices are set to open in late September 2009 rather than July 30 as originally planned.  The asbestos removal process at the two-story facility was more extensive than expected, said David Schneider, an official with LandCo Equity Partners, the developer involved in the project.

Christopher Dann, spokesman for the Colorado Department of Public Health and Environment Air Pollution Control Division said serious concerns have surfaced during the abatement. Dann noted that the containment of asbestos was inadequate and asbestos was disturbed by a demolition worker in an area that was supposed to be clean.

The project then underwent re-evaluation and the state issued a year-long permit for the work, rather than the 30-day permit originally issued. According to Dann, the state is confident that the work currently conducted at the building is safe.

Asbestos exposure is a concern because exposure to the toxic mineral can present serious health risks which may lead to the development of mesothelioma, a rare and aggressive cancer. A mesothelioma prognosis is often poor because it may take decades for a patient to express symptoms of the cancer after initial asbestos exposure occurs, allowing the disease to progress and potentially spread to other areas of the body.

USOC spokesman Darryl Seibel said that the September completion date for the new offices “would not be a problem for us,” adding that as long as the project is complete by December, USOC does not envision any complications.

Aside from asbestos abatement, the facility is also undergoing an expansion, adding four additional floors. According to Jim Johnson, president of G.E. Johnson Construction Company, the renovation and expansion is approximately 50 percent compete.

Despite additional complications involving a lawsuit and financing issues, construction on the facility is still in progress.

Additional information about asbestos abatement and mesothelioma may be found through the Mesothelioma Cancer Center.

Asbestos Found in High School by Student Journalist and Teacher

Tuesday, April 21st, 2009

A student journalist and teacher published a story April 17, 2009 in an Indiana high school newspaper, reporting that samples collected from a science classroom indicated the presence of asbestos.

Published in Central High School’s student newspaper, the story, titled “Questions persist over air quality,” prompted administrators to contact students and parents stating that the student and teacher were “involved in the unauthorized disturbance of the encapsulated asbestos.”

“Two classrooms were involved in the unauthorized sampling of encapsulated asbestos,” stated Central High School Principal Christopher Smith. “As a safety precaution, the two classrooms have been closed until independent asbestos contractors can be retained to clean the classrooms and to encapsulate asbestos where needed.”

Lon Sloan, director of facilities, said the presence of asbestos in the high school is not a secret. Though several asbestos abatement sessions were conducted in the past three years, along with additional abatements in the 1980s and 1990s, future asbestos abatements will be conducted at the school.

Sloan notes that the asbestos is “all encapsulated in safe areas, so there is no open asbestos.” Annually parents receive a letter informing them of the existence of asbestos in the school.

An editorial published in the newspaper on the same day as the controversial article stated the Indiana Department of Environmental Management (IDEM) “should be invited to visit the school.” IDEM took samples in the roof entryway and the adhesive in the school, and results will be available within the week.

“IDEM has been here at least eight times over the last year or two and done surprise inspections, surprise samplings, and we passed every single one of them. We will continue to investigate and make sure we meet all federal and state regulations, make sure we comply with all those things they ask us to comply with,” said Smith.

Exposure to asbestos is dangerous as it can lead to the development of several asbestos-related diseases such as mesothelioma, a rare, aggressive cancer. Generally, the mesothelioma survival rate reported throughout the last five years has been 10 to 11 months following diagnosis.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

Oregon Couple Issued Penalty for Improper Asbestos Removal

Monday, April 13th, 2009

According to a news release from the Oregon Department of Environmental Quality, Timothy and Kelli Fitzpatrick have been issued a $1,000 fine for conducting an asbestos abatement project using unlicensed and unqualified workers.

The project involved the removal of friable asbestos-containing sheet vinyl from a commercial building they own in Albany, Ore. Friable or deteriorating asbestos is generally considered to be more dangerous since it may be releasing asbestos fibers into the air.

The Environmental Protection Agency currently states there is no safe level of asbestos exposure. Research has proven that exposure to asbestos may result in a number of illnesses, including lung cancer, asbestosis and pleural mesothelioma.

Workers failed to properly package and label any asbestos-containing waste generated from the project. In addition, the Fitzpatrick’s allowed the workers to dispose a portion of the debris into an open dumpster.

Although the side effects of asbestos exposure may not be felt right away, those exposed to the mineral should schedule routine checkups with a doctor in order to catch an asbestos-related disease in its developmental stages. The latency period associated with these diseases can vary between 10 and 50 years, and as a result, most patients receive a poor prognosis since the disease has often progressed to late stages of development.

In Oregon, environmental laws require that a licensed asbestos abatement contractor must handle all asbestos-containing materials that can easily release asbestos fibers into the air. Appeal procedures in Oregon allow property owners to either appeal or pay the penalty issued within 20 days.

Most states have strict regulations that dictate how asbestos should be removed and disposed. In many states, asbestos must be removed through a wet method that involves wetting asbestos before it is cut or removed to reduce the amount of dust generated.

In addition, asbestos waste must be properly sealed in containers that adhere to regulations. Such waste must also be properly disposed of at a landfill site that is licensed and equipped to handle asbestos waste. Failure to comply with these regulations can result in heavy fines and in some cases, a prison sentence.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

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