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.

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.

The Oregon Occupational Safety and Health Administration (OSHA) fined the city of Central Point $815 for violating several asbestos-related regulations.

Though only a small amount of asbestos was found in the debris remaining from the demolition of a 100-year-old house in February 2009, the city was given three multipart citations for issues ranging from not informing employees of the potential presence of asbestos to not providing adequate training and clothing to workers handling asbestos-contaminated materials.

“Basically, they were supposed to have told the employees there was potentially asbestos there or that the material could have contained asbestos. They were then supposed to have actually tested for it before they started working,” said Oregon OSHA spokesperson Melanie Mesaros.

Asbestos exposure is a concern because serious health conditions may develop as a result of inhaling or ingesting toxic asbestos fibers. Mesothelioma, a rare, aggressive cancer is almost exclusively caused by asbestos exposure.

According to Public Works Director Bob Pierce, rules for the Department of Environmental Quality (DEQ) and OSHA were reviewed prior to demolition by city officials who noted that the site was exempt from most regulations according to DEQ standards.

Employees involved in the demolition were instructed to sprinkle water over the site if dust was present. The site was also examined by a city building official who determined the structure was unlikely to contain asbestos-contaminated materials.

“The outcome was we made some mistakes and we fessed up to those and were fined $815,” stated Pierce. “We take our employee safety very seriously. We went out there thinking we had done everything the way it should have been done.”

Inspectors visited the site and found minimal debris remaining for testing as most had already been buried.

“They tested for three types of stuff — roofing, tile and linoleum — and one sample had less than 1 percent (asbestos). So we didn’t expose anybody to asbestos from what I can determine here, but there were other steps we should have taken,” Pierce added.

Pierce noted that the city will now utilize contractors for demolition projects.

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

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.

Planet Toys Inc., a company facing a class-action lawsuit filed following the distribution of an asbestos-contaminated toy, filed a Chapter 7 bankruptcy petition in New York March 18, 2009.

The company sold toy crime-scene kits based on the popular CBS series “CSI: Crime Scene Investigation” which the nonprofit Asbestos Disease Awareness Organization (ADAO) claimed contained asbestos in 2007. Asbestos exposure can lead to the development of serious health conditions such as lung cancer and mesothelioma. A mesothelioma cure does not exist for the aggressive cancer that 2,000 to 3,000 Americans are diagnosed with annually.

Planet Toys and CBS Corp. were sued by ADAO last year, prompting the toy company to pull the crime-scene kits off the shelves. Planet Toys now faces a class-action lawsuit over the kits and plaintiffs have until March 30 to file a motion to certify the case.

The bankruptcy petition states Planet Toys has assets in the range of $1 million to $10 million and liabilities ranging from $10 million to $50 million. A business may file a Chapter 7 bankruptcy when it is unable to pay creditors or is badly in debt. A business generally ceases operation unless it is continued by a Chapter 7 trustee, appointed immediately. The trustee then typically sells the company’s assets and distributes proceeds to creditors.

In November 2007, ADAO announced that it sponsored tests on the kits conducted by three independent asbestos testing labs. According to the lawsuit filed by the organization, the tests found that the toys contained “substantial quantities of tremolite asbestos… one of the most lethal forms of asbestos.” The hazardous mineral was found in the fingerprint dusting powder in the kits.

Lawsuits were filed by Public Justice on behalf of ADAO. The lead Public Justice attorney in the case stated that the “powder has been marketed and sold to thousands of children who are told to spread it around and blow off the excess. It’s a shame that we’ve had to resort to litigation to force these companies to do what they should have done in the first place to protect the American public.”

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

Although hiring a professional asbestos abatement company is the safest route to take when removing asbestos, homeowners and business owners should be aware that crooked asbestos abatement contractors do exist.

Even companies that are certified have been known to illegally remove and dispose asbestos-containing materials in way that causes risk for citizens. Outside of using improper abatement techniques, contractors will sometimes claim that all asbestos has been removed when a significant amount is actually left behind.

Such a lie can expose those nearby to toxic asbestos fibers floating in the air. If these fibers are inhaled, they can become lodged in the mesothelial lining of the lungs and cause pleural mesothelioma to develop. Other areas of the body that can be affected include the lining of the heart (pericardial mesothelioma) and abdomen (peritoneal mesothelioma).

In addition to mesothelioma, lung cancer and asbestosis can also result from faulty asbestos removal. To make matters worse, all three of these diseases have a severe latency period, and exposed victims will not likely experience symptoms until at least 10 years have passed since the initial asbestos exposure occurred. According to the Environmental Protection Agency (EPA), there is no safe level of asbestos exposure.

Those that hire a contractor to perform asbestos abatement should also hire an asbestos inspector to oversee the work of the contractors. However, if an inspector is hired, it’s important to make sure the inspector is part of a completely separate business from the contractor. There have been times when inspectors have secretly worked with contractors to help falsify air quality samples.

A written work plan specifying the federal, state and local asbestos regulations should also be required by the person paying for the project. The work plan should entail permits, notifications, and all precautions that will be taken in order to prevent asbestos exposure.

With all risks aside, hiring a professional asbestos abatement contractor to carry out an asbestos-related project is highly recommended. Just ensure that all asbestos abatement techniques are strictly enforced and that the hired contractor is well received by local and state health departments. 

For more information on mesothelioma, please visit the Mesothelioma Cancer Center.

Prison inmates across the country are routinely being exposed to asbestos while serving time in work-release programs. In many cases, inmates are being directed to perform projects that unknowingly involve the removal of asbestos-containing materials.

The problem that exists is that the officials who are monitoring such projects are failing to test for the presence hazardous materials before work begins. When someone is exposed to a hazardous substance such as asbestos, several forms of asbestos-related disease can unfortunately result, including mesothelioma.

However, an official mesothelioma prognosis may not come until symptoms arise and several decades have passed since the exposure occurred. This often results in asbestos victims being diagnosed at a time when the disease has already reached the advanced stages of development and treatment options have become limited.

Recently in Elk City, Oklahoma, City Manager Guy R. Hylton Jr. and Elk City Supervisor Chick Arthur Little were convicted of violating the federal Clean Air Act for improperly using inmates to remove asbestos-containing materials.

The violation occurred during the renovation of the Rock Island Railroad Depot in Elk City. Throughout the project, Hylton and Little failed to provide any of the inmates with respiratory protection, protective clothing, and a safe method for removing the materials.

A jury later found Hylton and Little both guilty of negligent endangerment for allowing asbestos to be released in a way that created a danger of death and serious bodily injury to the inmates performing the work.

United States District Judge Joe Heaton eventually ordered Hylton to serve six months in federal prison and to pay a $15,000 fine. Little was ordered to serve eight months in federal prison, two years of supervised release, 104 hours of community service, and a fine.

Thanks to the federal Clean Air Act, fines, and other strict enforcements held by the EPA, those conducting the removal of hazardous materials are even more encouraged to safely manage projects that can potentially harm those involved.

In addition, the need for asbestos testing and additional precautions should become common procedure before inmates are asked to carry out construction projects. In fact, officials in charge of handling work-release programs should also be trained on the importance of checking for asbestos.

For more on mesothelioma and asbestos exposure, please visit the Mesothelioma Cancer Center.

According to information released by the office of the Massachusetts Attorney General, a Grand Jury has finally indicted Mayo Group Development LLC for the improper removal of asbestos in a downtown Worcester building.

The incident goes back as far as February 2007, which was when employees from the Massachusetts Department of Environmental Protection (DEP) noticed debris being tossed out of a window at Worcester Commons. An inspection test later confirmed the presence of asbestos.

In addition, authorities found out that the disposal of the asbestos-contaminated debris was scheduled to go to a landfill that was not equipped for handling asbestos waste.

The Mayo Group has been indicted on charges of violating the Clean Air Act for failing to file notices for asbestos removal with the Massachusetts DEP. They were also indicted for failing to comply with procedures for asbestos emissions control and improper disposal of asbestos waste.

During the construction project, it is believed that Mayo Group even removed asbestos in parts of the building where people were living, placing both residents and the workers involved at risk.

Exposure to asbestos has been known to cause several forms of asbestos-related disease, including malignant mesothelioma. This particular disease can be extremely dangerous because it can lay dormant for as many as 50 years, which typically results in a person being diagnosed in the latest stages of development.

Once mesothelioma is finally diagnosed, treating the disease can be very discouraging since the majority of treatment options available are palliative rather than curative.

The chance of developing an asbestos-related disease such as mesothelioma provides great reason for conducting a full asbestos survey before removing materials that might contain asbestos. Those companies that handle demolition and renovation projects should especially make sure that a proper assessment of the site is completed before work begins.

As for the Mayo Group, statements indicate the company will be summonsed for arraignment in Worcester Superior Court at a later date.

For more information on the affects of asbestos exposure, please visit the Mesothelioma Cancer Center.

The Oneida County Office Building in Utica, New York has recently tested negative for airborne asbestos. Apparently though, that isn’t good enough for the union, which represents county employees. United Public Service Employees Union Spokesperson Linda Kirnan says the organization plans to have their own round of tests performed on the building as well.

The asbestos problems were found on November 11 during routine maintenance processes. While tests were being performed, the building was completely evacuated to ensure the safety of all workers in the building.

The entire building was tested for airborne asbestos the day after the discovery was made. All tests came back negative, and county employees have been allowed to return to work without the fear of developing mesothelioma and other asbestos-related diseases later in life.

The county is now planning to spend an estimated $15.4 million in addition to the $5.5 million already spent to completely remove all asbestos-containing materials from the building. Abatement on the building has been ongoing since the late 1990s, with seven of the building’s ten floors still requiring abatement.

According to County Executive Anthony Picente, the asbestos scare this week proves that the project is well worth the money it will cost.

County Legislator Frank Tallarino, a licensed asbestos contractor, is confident that the test results were accurate and that the building is safe to work in.

For the United Public Service Employees Union, however, this isn’t enough. Spokesperson Linda Kirnan says, “As a result of the closing [of the office building], we received numerous complaints and concerns [about the asbestos].”

Many of the employees in the building are very familiar with the types of asbestos cancer that can develop as a result of asbestos exposure. They realize the importance of such testing and would hate to experience mesothelioma symptoms later in life when they could have been avoided.

According to Kirnan, the results of the county-funded tests aren’t being disputed, but she believes union members would feel more comfortable about working in the building if the union funded a second set of tests.

Kirnan says the union-funded tests have already been conducted on five floors of the building and results are expected within a week.

Asbestos was discovered last month at a public area in Lyndhurst, New Jersey, which prompted concerns that there may be exposure risks for locals. Now, however, those fears have been allayed, as tests have come back negative indicating there is no significant hazard. 

The problems began when chunks of asbestos were found lying on the ground at a newly-finished recreation field in Lyndhurst. An investigation was then carried out to determine just how much asbestos might be present in the soil of the recreation area.

Mayor Richard DiLascio said the asbestos was found near the property line of the recreation field, adjacent to an old railroad track.

Officials believe that it’s likely the asbestos came from the railroad and was exposed during the installation of a boundary fence around the recreation area.

Exposure to asbestos is dangerous because the substance is a known human carcinogen and it has been linked to cause a range of serious diseases, including mesothelioma. Other diseases that can develop from exposure to asbestos include lung cancer and asbestosis.

Malignant mesothelioma can be especially harmful due to the long latency period of the disease. In most cases, the disease takes anywhere between 20 and 50 years to develop. This is largely because mesothelioma symptoms don’t even occur until the disease has reached an advanced stage of development.

Luckily for the town, the tests on asbestos have come back negative. The environmental survey carried out on the recreation field has shown there is no dangerous accumulation of asbestos anywhere on the site.

Mayor DiLascio said, “What we found was a sandwich bag full of asbestos in an area probably 100 feet long and five feet wide. We called in the DEP and submitted a plan on how to deal with it. The fields were checked and the fields are clean.”

The asbestos was found at a depth of between 18 and 26 inches, and testing involved a process called soil boring.

With the tests completed, the loose asbestos has now been removed. The area where the asbestos was found has been capped with fresh soil, and the recreation area is now safe for public use.