Mesothelioma & Asbestos News

Archive for the ‘Colorado’ Category

Monday, August 4th, 2008

Aspen, Colorado - Schools all over the country are feeling the pinch of stretched budgets and hurried schedules, as they complete asbestos removal and construction programs before school begins again at the end of the month. The Aspen School District is one of those struggling to complete asbestos removal work; however this year asbestos-related problems have put the district $1.3 million over budget and forced the district to delay some of the work until after school starts.

Thousands of schools in America were built using asbestos-containing construction materials, due to the extremely durable, strong, and fire-resistant nature of asbestos fibers. Unfortunately, those same properties make asbestos a health hazard. When inhaled, asbestos fibers become lodged in the lungs, and over several decades can cause deadly mesothelioma to develop.

For that reason, exposure to inhalable asbestos is an extreme health hazard, and many schools which contain asbestos materials end up spending hundreds of thousands of dollars on asbestos containment or removal, in their efforts to keep students and staff safe.

Dave Detwiler, project manager for the Aspen School District, has said that the school has had to pay a significant amount of money to cover unexpected asbestos removal, and that the budget blow-out could prevent the district from completing some of its planned summer construction projects.

Without the asbestos removal, Detwiler said, the work would have been competed on time and within the budget.

The problems stem from asbestos removal work at the district’s middle school, which the district plans to demolish to make way for a new school. Asbestos removal work was completed there several decades ago, but the district is now having problems cleaning up the remaining asbestos. The remaining asbestos is located within interior walls in the school, meaning that the work could not be completed while the buildings were in use.

A further problem is that the state of Colorado recently implemented regulations about the removal of vermiculite, which was used in insulation in the walls of the school.

The district hired a contractor in January to remove asbestos from the middle school, hoping the work would be completed by the beginning of the summer. However the contractor has located so much asbestos in the school that the work has dragged on much longer than anticipated and the cost of removal has climbed to almost $1.5 million, with no signs of stopping.

The project now has a shortfall of $1.3 million, and asbestos removal won’t be completed until just before the beginning of the new school year, meaning the demolition will have to be carried out during the school year. Detwiler says the contractor for the demolition is willing to work during evenings and weekends, but doing so would mean more delays and additional costs.

Thursday, July 24th, 2008

Environmental experts have carried out multiple air quality tests at the Hill House Apartments, the Boulder, Colorado building which caught fire early in July. Officials say it could be weeks before residents can return to their homes, due to the presence of airborne asbestos in the building.

The four-story building burned for several hours on July 12, leaving more than fifty residents homeless, most of whom are students at the University of Colorado. The fire started at around 5.15 in the afternoon, and police and fire officials say the likely cause is a discarded cigarette.

The next day, crews found there was asbestos present in drywall and as a result officials determined that the building was uninhabitable. Air testing and preliminary clean-up has been an ongoing process since then but the building is still not considered safe for habitation for the residents who were displaced.

Ironically, asbestos was often used as a fire proofing and flame retardant material. On that basis it was added to many different types of construction products up until the mid 1980s.

However, inhalation of asbestos fibers can cause cancer and other serious diseases, meaning that there are health and safety concerns for residents of the building and firefighters who worked to quench the flames.

During a fire, asbestos fibers can easily become airborne as burned materials disintegrate and are spread around by high-pressure water blasts. In severe cases an entire building may become unsafe even if it contained asbestos in discrete areas.

These conditions have in the past prevented residents of other burned buildings from retrieving possessions at all, because removing asbestos from porous items such as furniture and clothing is a difficult, lengthy, and expensive process. In Texas earlier this year, for example, former tenants of the Bellerive Apartments were left homeless and without their possessions for several months because they had become contaminated with asbestos.

According to Dave Lowrey, a Boulder Fire Marshal, the fifty or more residents who were displaced from the thirty burned units in the Hill House Apartment building won’t know whether they can return to their homes until the air tests are fully completed.

Lowrey says the decision can’t be made until a new round of air samples are taken and tested, and “We will make a determination as soon as we know how bad it is.”

Friday, June 6th, 2008

Windsor, Colorado – After a town meeting on Saturday, plans for rebuilding and a warning for residents of homes which were damaged and destroyed by the tornado were issued.

The massive tornado destroyed more than 100 homes in Windsor, Colorado. The heavy storm brought with it winds of up to 165 miles per hour, as well as heavy hail, and powerful tornadoes which are thought to have touched down six times in Colorado.

The only known fatality is Oscar Michael Manchester, aged 52, who died when the storm struck his camper at a park on the southeast of Windsor. Around 100 residents have been treated for minor injuries.

At the Saturday meeting, residents were told that almost 600 homes had been assessed to determine whether it was safe to return to them. Around 340 homes were safe for occupancy, 154 were in need of repair but were safe for occupancy, and 102 were declared unsafe to live in.

The American Red Cross is providing short-term housing for people who need accommodation for up to 30 days, while the Department of Local Affairs will assist in providing longer-term accommodation for those who need it.

The Colorado Department of Public Health and Environment has issued a warning to residents about the possibility of dangerous asbestos in homes which were damaged or destroyed by the hurricane. Exposure to asbestos can cause the development of fatal cancers, but the effects of mesothelioma cancer don’t manifest for three to five decades after exposure.

Asbestos is a potential problem after a destructive storm due to the presence of the substance in homes built prior to the 1980s. Asbestos was so commonly used in construction materials before the 1980s that most homes built before this time will contain some asbestos in materials such as siding, roofing shingles, or insulation.

A storm that damages older homes could potentially release asbestos fibers, making homes unsafe to return to until any damaged asbestos has been cleaned up. According to the Department of Public Health and Environment, residents should be cautious about handling pipe insulation, linoleum flooring, textured ceiling plaster, shingles, drywall, and plaster.

The DPHE says any materials which may contain asbestos should be kept isolated from other materials to prevent contamination. In addition, the materials should be thoroughly wetted if they have to be removed or disturbed in any way. Any materials suspected to contain asbestos should not be cut or burned.

Wednesday, May 21st, 2008

Boulder, Colorado – Fire and flames spread quickly when a burning bush ignited an apartment complex in Boulder, Colorado. Police and firefighters responded quickly and all residents of the complex escaped without serious injury. However, due to the presence of asbestos in the building, there are still concerns over safety and air quality.

Fire investigators believe that the fire started when a juniper bush outside the apartment complex caught fire. The flames quickly spread from the bush to the building, and spread throughout the complex. Witnesses reported seeing the bush burning and igniting the building, but investigators don’t yet know how the juniper bush itself caught fire.

Several of the units in the apartment complex were damaged by smoke and fire, but no residents or firefighters were injured. Firefighters were able to extinguish the blazing building quickly, fighting the fire from outside the building.

Public Information Officer for the Boulder Fire Department Sarah Huntley confirmed that firefighters wore protective clothing while fighting the fire because it was suspected that the building contained asbestos.

David Lowery, Chief Fire Marshall for the Boulder Fire Department, said “It was confirmed that there was asbestos in the sheet rock of the building material that was used back when this structure was built.”

Ironically, asbestos was often used as a fire proofing and flame retardant material. On that basis it was added to many different types of construction products up until the mid 1980s. However, inhalation of asbestos fibers can cause cancer and other serious diseases, meaning that for residents and firefighters there are health and safety concerns.

The hazards of asbestos made it necessary for firefighters to protect themselves from the possibility of exposure. During a fire, asbestos fibers can easily become airborne as burned materials disintegrate and are spread around by high-pressure water blasts.

Residents of the burned building will return today to retrieve emergency items with the help of firefighters wearing protective clothing. The American Red Cross is helping to find accommodation for the fire’s victims, who will not be allowed to return to the building for several days. According to the fire marshall, air quality inside the building will need to be tested to ensure that the building is safe for residents.

Those whose units were severely damaged may need longer term accommodation. However, the quick response of firefighters means that serious damage was minimal.

Monday, May 12th, 2008

Aspen, Colorado - Risk is all part of the job for rescue crews, but exposure to asbestos is one risk that most crews don’t expect to encounter during the course of their work. For the law enforcement, fire, and ambulance crews that responded to an emergency at Aspen Middle School this week, asbestos exposure became a risk.

The incident involved Denver man Juan Ruiz, who was killed in a construction site accident at the school. Ruiz was part of a demolition crew that was removing vermiculite from the school.

When the accident call went out, sheriff’s deputies, police officers, ambulance and fire crews responded.

Rescuers who were trying to locate Ruiz-who had been crushed by a free-standing cinder-block wall-had to enter an isolated construction zone where work crews were removing asbestos-contaminated vermiculite.

Pitkin County Sheriff’s Investigator Ron Ryan said that the responding crews had already entered the potentially contaminated area before they noticed that construction workers were wearing respirators and protective clothing. Aspen officer Joe Holman said “The guys in paper suits and aspirators surprised us, but once you’re in it, you’re in it.”

However, Ryan said that rescue workers were aware that the danger of asbestos exposure was minimal, and according to Deputy Adam Crider, who was coughing after the incident, the dust present at the site was mainly concrete dust.

City environmental health director Lee Cassin said that the vermiculite at Aspen Middle school may have contained asbestos but it was probably less harmful than most asbestos containing materials, such as the kind used in pipe insulation.

The crew members who responded to the incident filled out standard workers’ compensation and injury reports, and visited doctors to make sure there was no short-term damage to their health.

Aspen human resources director Rebecca Doane says that such follow-ups are standard procedure, especially in unusual situations, such as the exposure of officers to asbestos. She points out, however, that danger is part of the job for first-responder crews.

Officer Joe Holman said that for the rescue crews, helping the injured man was the biggest priority. Holman further said he wasn’t worried about the possibility of negative consequences, and that the priority of helping the injured man outweighed the potential risks.

Monday, April 7th, 2008

Colorado Springs, Colorado – Former residents of Castle West Apartments in Colorado Springs have filed a lawsuit against the owners of the building. The apartment block was burned in 2007 following an arson incident in which two men were killed, and hundreds of people were left homeless.

The fire was allegedly started by 24-year-old Derrick “Nicky” Johnson. The young man allegedly committed the act after his girlfriend—who lived in the apartment complex—broke up with him. Johnson, who has been arrested by local police, allegedly threatened to kill her and torture their baby before starting the blaze by spreading gasoline in the hallway of the ground floor.

The lawsuit has been brought by a total of 53 former residents of Castle West Apartments. Among the allegations being made in the lawsuit are claims of negligence on the part of the owners of building in not informing residents of the presence of asbestos in the building.

In addition, the lawsuit claims that the owners were negligent in not ensuring the building’s security was adequate, because the lack of security allowed the arsonist to enter the building. Specifically, the residents say that the controlled-access entry points had locks that were broken and were never fixed despite repeated requests from residents. In addition, residents claim that lack of adequate smoke alarms and other protective devices contributed to the devastation caused by the fire.

The lawsuit also claims that residents of Castle West made hundreds of calls to local police complaining about criminal activity on the premises, but the building’s owners ignored the situation. In 2005 and 2006, the residents say, more than five hundred calls were made to police concerning incidents of theft, burglary, drug use, and trespassing.

What of the asbestos problem? Residents say that they weren’t informed about the presence of asbestos in the building, even though the owners of the building “had a duty to advise the tenants that in the event of a fire the entire building could be condemned, making it impossible for residents to obtain their property.”

Unfortunately for many of the now-homeless residents of Castle West, that’s exactly what is now happening.

Firefighters and a recovery team that was hired by the apartment building owner were able to salvage some personal items belonging to residents. The items were recovered, cleaned, and returned to their owners.

However, many residents have found that some items have been too badly contaminated by asbestos to be adequately cleaned. Many ‘porous’ items, such as clothing and upholstery, simply can’t be completely cleaned once contaminated with asbestos.

The 53 former residents of Castle West who have brought the lawsuit are seeking compensation for the “significant and continuing damages” they have suffered.

The owners of the building deny the allegations of wrongdoing or mismanagement, and claim that they too have been victims of the alleged arson. The owners claim that the fault in the matter lies not with them, but with the arsonist.

Thursday, March 20th, 2008

March 19, 2008, Rocky Mountains - Denver-based law firm Brownstein Hyatt Farber Shreck has won a $6.4 million verdict for its clients, in what is apparently the first case of its kind, where indirect damages called “unabsorbed overhead” have been awarded to home builders to compensate for scheduling delays.

Most of the time, asbestos claims are laid by employees of companies that once manufactured asbestos-containing products, or worked with asbestos in industrial processes.

A smaller number of cases involved people who are affected by secondary exposure that occurs because a family member works in an asbestos-related occupation. Still other cases, such as those in Libby, Montana, occur in people who live near a site where asbestos, or another substance that is contaminated with asbestos, is mined.

People exposed to asbestos in any of these situations can develop asbestos-related diseases such as a cancer called mesothelioma, and a chronic lung disease called asbestosis. Both are caused only by exposure to asbestos, and both are incurable. Mesothelioma is especially deadly, with an almost 100% mortality rate and a very poor prognosis for most people diagnosed with the cancer.

Other asbestos-related lawsuits generally involve the prosecution of contractors who have handled asbestos illegally by failing to comply with local, state, or federal regulations that govern proper and safe handling of the substance.

This case is somewhat unique, in that it doesn’t involve asbestos exposure, the risk of exposure, or even the improper handling of asbestos-containing materials.

The builders in the case, are Richmond American Homes of Colorado, Metropolitan Development, Metropolitan Builders Inc., Standard Pacific of Colorado Inc. and Touchstone Homes.

The six building companies made asbestos-related claims following an asbestos clean-up project at former Lowry Air Force Base. According to the builders, cleaning up the asbestos contaminated site at Lowry Air Force Base caused a considerable delay in their construction schedule.

Construction delays can cost builders potentially large sums of money, and it’s on this basis that the building companies claimed damages from the US Air Force.

The case was heard by the US Court of Federal Claims. After hearing testimony from both sides, the court awarded the builders indirect damages known as “unabsorbed overhead.” These are losses incurred by home builders as a result of construction schedule delays.

In this case, the US Air Force has been instructed to pay out because the builders incurred heavy losses due to the extent of the asbestos contamination at the former Lowry Air Force Base.

Monday, March 17th, 2008

DURANGO, Colorado – Barry Mason would like to comply with a letter he received from the city of Durango Friday, but says that asbestos issues may add months to his timeline for demolition of a building that he owns in the city.

Friday, Mason received a letter from the city demanding that he complete cleanup and demolition of his building, which was destroyed by fire, within ten days. The problem is, Mason says, that he hasn’t even been allowed inside the building yet. Among the issues to be addressed is the possible contamination of the debris by asbestos.

The building is one of three affected by a fire earlier this month. Mason is awaiting the results of asbestos testing at the site, which won’t be in until the end of this week. The letter demands that the cleanup be completed by March 10, with a possible extension to no later than Friday, March 14.

The letter received by Mason states, in part:

“The building you own has been found and declared unsafe as the result of the fire… The City’s codes require that you… take action to demolish the unsafe structure and clean up the property that you own.”

Mason immediately called Durango Planning Director Greg Hoch, who was able to alleviate his fears. According to Hoch, the letter was sent to Mason as a response to complaints from businesses on the 700 block of Main Avenue. Similar letters were sent to neighboring property owners, Barbara Fidanque and Fred Libby. The businesses complained that the closing of the sidewalk in front of the burned properties was hurting their businesses.

The city has received an appeal of the letter from Mason and concedes that the deadlines are unreasonable. Hoch said that the issue of asbestos is “really a big deal”, and that the results of asbestos testing won’t be in until the end of the week. The city Planning Director conceded that until those results are known, it’s impossible to judge a reasonable timeline for the cleanup and demolition.

Most older buildings were made with materials that contain asbestos. Asbestos is a hazardous air pollutant that causes serious health hazards. While it is generally considered safe as long as the materials that contain asbestos are in good repair, when asbestos containing materials are disturbed, broken or destroyed, asbestos fibers are released into the air. Once airborne, they can be inhaled by passers by and cause mesothelioma, a rare cancer, and other cancers and health conditions.

Because of the risks associated with airborne asbestos, federal law closely regulates demolition and cleanup of older buildings that may contain asbestos. In general, all materials that contain asbestos must be removed from a structure by a licensed contractor before the building is demolished. Fire debris can be especially difficult to deal with, because much of the debris is already disturbed. If it contains asbestos, the property owner must take precautions to reduce disturbance and contain the area while the materials is removed from the site. In addition, asbestos-containing materials can only be disposed of at licensed landfills that have the capacity to deal with asbestos.

Asbestos is only one concern for city officials. The process is complicated by the fact that many of the city sidewalks have hollow coal chutes directly beneath them and may not support demolition equipment. Hoch said that it is important to the city to reestablish good pedestrian flow on the sidewalk, but that will only happen when the structures are deemed to be safe by the city.

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