Utah Mesothelioma and Asbestos Exposure Risks
Most of Utah's dangerous asbestos has been contained in a large amount of oil refineries owned by American Oil, BP Amoco, Chevron, Flying J, Inland Refining, Phillips Petroleum and Standard Oil Refinery. This industry is one of the largest culprits of harmful asbestos exposure. The asbestos-related fatalities that occurred between 1980 and 2000 were found mostly in the area of the Wasatch Front, although the companies mentioned above, along with Intermountain Power and DuPont Chemical, are near Salt Lake City and Provo. The Kennicott Copper Mine is also known to have utilized asbestos. Utah is home to many historical landmarks and older buildings, and renovations have often exposed those working on the structures to asbestos.
At Risk Occupations and Locations in Utah
The employees of oil refineries, power plants, chemical plants and mines have always been placed at risk of asbestos exposure due to their occupation, and those in Utah were no exception. Studies throughout the world have found these workers frequently have asbestos in their lungs due to exposure in their jobs and exposure through the protective clothing they often wore.
Many industries relied on copious amounts of asbestos for protection against heat, flame, electricity and chemicals. Asbestos reduced the overall volatility inherent in day to day operations, and therefore was found throughout the facilities. In addition, asbestos was utilized in protective aprons, gloves, overcoats and hoods. When these materials become torn or ripped, asbestos would seep out and into the air currents. Asbestos, when kept sealed, was relatively safe, but once fibers became disengaged and airborne, they could become inhaled or ingested. Once in a person's lungs, the fibers often remained there, and after about 25-50 years, many begin to express symptoms of diseases such as asbestosis or mesothelioma.
Asbestos Related Deaths in Utah
Asbestos-related fatalities from mesothelioma are less in Utah than many other states. Utah is ranked 44th for its number of mesothelioma cases and 48th in the number of mesothelioma cases that have resulted in death. During the 20 year period tracked from 1980 to 2000, Utah recorded 157 deaths from all diseases attributed to asbestos. One-third was due to asbestosis and the remaining two-thirds were a result of mesothelioma.
Legal Resources for Utah Residents
Currently, no personal injury or wrongful death lawsuits are pending in Utah; however there was a significant case in the state in 2000. It involved Roxanne Jensen-Daley, who worked for the Truman-Mortensen Family Trust, managing their properties. The Environmental Health Division and Salt Lake County Health Department, upon inspection of the ceilings in one of the buildings, found asbestos which required removal. Ms. Daley hired workers who consequently started removal of the asbestos improperly. This process potentially contaminated the air, as discovered by an inspector of the Utah State Division of Air Quality. Five days later, the inspector found additional violations and again warned Ms. Daley. Residents of the building later called the inspector to report Ms. Daley, herself, removing the asbestos improperly. The Division of Air Quality issued an order to comply or cease, which was ignored. Ms. Daley was fined $23,000 which has been repeatedly and unsuccessfully appealed.
There is one Utah Supreme Court decision directly applicable to future asbestos cases: Hansen v. Mountain Fuel Supply Co. It alleges that five workers were exposed to asbestos while working at the Mountain Fuel building. Worry and anxiety over possible carcinogenic results prompted them to file lawsuits, although physical exams showed no symptoms or disease diagnosis, and the case was dismissed. Upon appeal, the Utah Supreme Court reviewed the negligent infliction of emotional distress (NIED) who stated that plaintiffs could make a NIED claim if they suffered either a physical or mental injury. However, these individuals must show evidence that their emotional distress was severe in order to be applicable for a settlement against future possible medical costs.
In 2005, a Utah resident, Alan Young, was indicted in the U.S. District Court in Salt Lake City for his involvement regarding the handling asbestos on Black Ridge Road. While supervising the excavation of water pipes, he failed to implement proper procedures, and consequently attempted a cover-up. The EPA's Criminal Investigation Division and the Utah attorney general's office investigated and brought the case to the Environmental Crimes Section of the U.S. Department of Justice. Utah takes every alleged case of improper removal and handling of asbestos to the relevant prosecuting authorities for rapid response as shown in the few cases that have come before its courts.
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