Archive for the ‘Louisiana’ Category

Baton Rouge, Louisiana – Fifteen months after winning a verdict of $3.2 million, Ray Rando, a former contractor who developed mesothelioma after asbestos exposure, has won his case all over again, this time in the Louisiana First Circuit Court of Appeal.

Ray Rando won the case against defendants Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. Rando developed mesothelioma after working as a welder and pipefitter for the construction companies, and being exposed to asbestos on the job. He worked in these positions between 1965 and 1985 and was diagnosed with mesothelioma in 2006.

In a statement, Rando’s attorneys said, “Ray Rando’s employers tried repeatedly to evade responsibility for his injuries, but these committed attorneys convinced the trial court, and then the Court of Appeal, that these companies were responsible to their employees for exposing them to dangerous levels of asbestos.”

“Mr. Rando’s employers did not protect him from the clouds of asbestos in which he worked, even though basic prevention methods have been known since the 1930s. This man has had to accept that the disease that will kill him was preventable, but his employers did nothing to protect him.”

In their decision the Louisiana Court of Appeal ruled that since Louisiana’s Workers’ Compensation Act doesn’t cover mesothelioma, and therefore mesothelioma lawsuits brought against employers can’t be barred on the basis of workers’ compensation coverage.

In addition, the appeals court ruled that the state’s ten-year pre-emptive period to bring personal injuries claims arising from deficiencies in construction improvements did not bar Rando’s lawsuit. The appeals court ruled that the claims Rando made against his employers fell within statute exceptions because his employer, which was a turn-key construction company working onsite at chemical plants, had control over the  conditions at the construction sites where Rando was exposed to asbestos.

Asbestos was commonly used in construction materials in the twentieth century, particularly between the 1940s and 1980s. Its fire-resistance, acid-resistance, strength and durability made it an ideal material to use for insulation, caulk, plaster, adhesives, cement products, and many other types of construction materials.

In addition to causing deadly cancers—including mesothelioma and lung cancer—asbestos exposure causes a chronic lung disease called asbestosis, and other types of lung damage. Mesothelioma is perhaps the most lethal of the asbestos-related diseases. This cancer is difficult to diagnose and treat, and is incurable.

NEW ORLEANS, Louisiana – In New Orleans, cleansing fire may not just be a metaphor. The EPA will deal with the large amount of asbestos-contaminated debris in one New Orleans parish by using fire.

Amid reports that the hazards of asbestos contamination in the debris and litter left behind in the wake of Katrina have slowed rebuilding efforts in New Orleans, the EPA has announced that they will clean up some of the problem with a controlled cleanup burn.

It’s been nearly three years since the devastation that was Katrina hit the Gulf Coast city, and officials have been unable to demolish many of the buildings because of the presence of asbestos in the structures. Asbestos dust in the air is a serious health hazard. As long as the buildings are standing and the materials containing the asbestos are intact, say officials, there is no danger from the asbestos.

During demolition, however, those asbestos containing materials are likely to be disturbed and destroyed, releasing high levels of asbestos into the air. Asbestos, widely used as a construction material during the last century, is present in nearly every structure built between the 1930s and early 1980s. In addition, many older buildings contain considerable asbestos because they saw substantial renovations during those years.

In New Orleans, hundreds of buildings that contain asbestos were destroyed when Katrina unleashed her fury on the city. In an attempt to prevent further devastation that could extend decades into the future, EPA officials have stayed true to federal guidelines for demolition, particularly for public buildings and office buildings. Those guidelines require that all asbestos be removed by licensed personnel before buildings are demolished.

Unfortunately, the enormous amount of work to be done and the sheer amount of asbestos-containing material that must be disposed of has slowed the recovery efforts of the best-intentioned workers. The EPA’s proposed solution to at least a part of the problem is to burn the debris from one parish in a specially designed incinerator. Air quality monitors will be used to ensure that no asbestos is released into the air during the burning.

It’s ironic that fire will be used to cleanse asbestos from the materials, since asbestos was so highly prized specifically for its resistance to fire and its insulating properties. However, when asbestos-containing materials are burned at very high temperatures, the asbestos fibers are converted to a harmless substance.

Asbestos fibers have been linked to mesothelioma, a rare cancer that has no other known cause, as well as higher risks of lung cancer, asbestosis and several other cancers.

The EPA has these recommendations for those attempting to repair or demolish their own homes and structures:

* If you know or suspect that your home contains asbestos, and it has been damaged or may be damaged, seek the assistance of public health authorities or try to find specially trained contractors if possible.
* Whenever possible, handle removed materials while wet or damp, double bag the debris and label it properly.
* At a minimum when handling material that you believe is contaminated with asbestos, wear gloves, goggles and – most important – OSHA-approved respirators and masks.
* Wash your hands and clothing after handling asbestos containing materials while still wearing the mask.
* Try not to sweep or vacuum debris that may contain asbestos.
* Temporarily move your family (especially children and pregnant women) out of the apartment or house until the work is done and the area is properly cleaned. If you can’t move your family, at least completely seal off the work area.

MANSFIELD, Louisiana - DeSoto Regional Health System has 30 days to address a deficiency notice issued by the Louisiana Department of Environmental Quality alleging the hospital’s failure to follow proper procedures of asbestos abatement in a construction area.

The irony is that the agency cited violations in an area of the renovations that will become the health system’s new oncology center. Inspections of the area by the DEQ in January found asbestos in the partially renovated area. The hospital administration had not followed proper procedures in obtaining the proper permits for the construction work which included the removal of ceilings and tiles that contained asbestos.

The DEQ will not assess a monetary fine. According to Otis Randle, DEQ’s regional manager in Shreveport, the hospital is working with DEQ to make sure that the situation doesn’t happen again. The construction work in the area where asbestos was found did not actually cause any asbestos to become airborne. Airborne asbestos has been proven to cause lung cancer, asbestos cancer, asbestosis and mesothelioma, a rare cancer of the pleural, abdominal or pericardial lining.

Randle said that if the situation does happen again, the hospital administrators have been warned about it once.

John Domansky, interim CEO/CFO of DeSoto Health Care said that they have engaged an environmental consulting team and that the hospital is working closely to comply with each and every DEQ requirement, including removing glue and other materials that ere under the floor tile and carpeting in the cancer center.

The DEQ cited DeSoto Regional on three counts: failure to identify asbestos containing material prior to disturbing it, failure to use certified workers in the removal process and failure to notify DEQ before removing the asbestos.

Though the hospital has 30 days to respond to the deficiency notice, DeSoto is already working with DEQ on an asbestos abatement plan. Work resumed in the area over the weekend. The project had been shut down in early January after Mansfield Mayor Curtis McCoy discovered that the hospital had not obtained the required permits.

The $900,000 project was termed a “face-lift” at an August board meeting. At that meeting, Domansky noted that that the floors and ceilings would be replaced. Both contained asbestos.

On November 27, former CEO Rick Salgueiro notifed the Building and Grounds Committee of concerns about potential compliance issues. Salgueiro claims that his questions about the issues led to him being terminated and escorted from the property.

Domansky said that if the DEQ finds any other deficiencies, the hospital will respond promptly to the issues and remediate them. He is sure, though that after all the abatement work done, the DEQ will certify the oncology center free of all asbestos.