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Archive for March, 2009

Old School Building Needs Asbestos Abatement, Renovations

Friday, March 27th, 2009

An aging school building in Estacada, Oregon may soon be getting a face lift, despite the structure’s current asbestos issues.

Eagle Creek Annex Committee members will be meeting the the first week in April to continue discussing plans for the old school building.

The Committee was formed four months ago to review options for the Eagle Creek Annex. The building is next door to the current Eagle Creek Elementary School, and has been closed for three decades.

The building is overgrown with moss, the roof is aging, and the windows and doors are covered with boards.

The building also contains asbestos. It has been estimated that asbestos removal will cost at least $18,000.

Besides renovating the historic building, other options put forward include demolition and using the building for a “learn to burn” exercise for firefighters in training.

However, because of the historic nature of the building, county officials will most likely be against demolition of the building.

Before renovations can begin, officials will need to come up with a grant proposal to secure funding. Before that can happen, they must formulate a plan for how the historic building will be used once it has been renovated.

Demolition will be much less expensive than renovations. Asbestos abatement will cost around $18,000 and demolition will run about $40,000.

However, renovations could cost as much as $500,000.

The committee is also considering selling the asbestos-laden property to a special interest group, who would then take on renovation tasks at their own cost.

Exposure to asbestos may lead to the development of asbestosis, pleural mesothelioma, lung cancer, and other respiratory diseases.

24-Hour Emergency Spill and Environmental Response Team Launched

Thursday, March 26th, 2009

H2M, an Engineering, Architectural, Planning, and Environmental service firm announced this week that they will be launching a 24-hour emergency spill and environmental response team.

Recently, H2M combined the environmental and indoor air quality divisions in New York, since these teams serviced the same people. Now H2M offers increased efficiency and a reduced response time.

H2M was founded in 1933. It has now grown into a respected firm that provides full-service engineering, architecture, planning, environmental services, and laboratory analysis. H2M has offices in Melville, New York and Parsippany, New Jersey.

The H2M Environmental Division provides environmental consulting, air quality testing, and asbestos abatement services.

With their new emergency response team in place, the company will be able to quickly respond to any asbestos-related situations, as well as numerous other environmental issues.

Asbestos has become a common environmental issue in last few decades. When it breaks down into fibers, asbestos can easily be inhaled. Asbestos fibers are lightweight and can be inhaled by people located far from the original site of the asbestos via wind current. Exposure to asbestos is linked to mesothelioma, lung cancer, and asbestosis. In many cases, such as with mesothelioma, the inhaled asbestos lies dormant in the lungs for decades. When victims are finally diagnosed, it is often decades after their initial exposure to the deadly substance, and they may only have months to live.

For further information about H2M call 631-756-8000 or visit the website at www.h2m.com.

Las Vegas Casino Employee Suing Over Asbestos Exposure

Thursday, March 26th, 2009

A former Harrah’s casino employee is suing for damages related to an alleged asbestos exposure. Ernie Savannah, a former maintenance supervisor for the hotel/casino giant, alleges he was exposed to asbestos during remodeling at the hotel.

Mr. Savannah was laid off last month.

Mr. Savannah alleges that the asbestos created a hostile work environment. In addition, he argues that Harrah’s caused him additional anguish when Harrah’s forced him to fire electrician Fred Frazzetta. Mr. Frazzetta was known as a whistle-blower. Mr. Savannah has stated that he had been ordered to fire Frazzetta, who had voiced suspicions about the potential problems related to the hotel remodeling to building and OSHA officials back in 2006.

Mr. Savannah seeks $10 million in damages from Harrah’s, as well as from his union, Local 501 of the International Union of Operating Engineers, which he alleges failed to protect him.

“When I come home with the fibers, (hotel bosses) never told us we were supposed to decontaminate when we leave,” said Savannah.

Mr. Savannah has been tight-lipped about some details. He has disclosed that he has tested positive for asbestos in a medical screening and that he believes his 3-year-old child’s respiratory problem can be linked to inhaling asbestos fibers that he brought home from Harrah’s on his work clothing.

The lawsuit alleges that Harrah’s workers were exposed to during renovations in the hotel’s showroom ceiling, in the laundry room, the basement, and at a hotel-casino entrance.

According to Nevada OSHA documents, Harrah’s did not provide protection equipment to the crew that touched the asbestos.

Exposure to asbestos – even in small amounts – is linked to the later development of asbestosis, lung cancer, mesothelioma, and other respiratory diseases. In recent years, the number of cases of mesothelioma as a result of second-hand asbestos exposure have increased.

Business Owner Failed to Appear at Sentencing Hearing

Wednesday, March 25th, 2009

A federal judge has issued an arrest warrant for the owner of a Massachusetts business that has been convicted of falsifying training records. The warrant was issued after the business owner, Albania DeLeon of Salem, NH, failed to show up for her sentencing hearing.

Ms. DeLeon was scheduled to be sentenced on Monday in the U.S. District Court in Boston, Massachusetts. Ms. DeLeon was convicted for falsifying training records of asbestos workers.

DeLeon’s attorney, Carl Donaldson, made a statement the following day in which he informed the public that he “could not immediately comment.”

DeLeon, age 39, was found guilty of selling fake safety training certificates to illegal immigrants. The immigrants then were able to use the falsified certificates to find work removing asbestos.

DeLeon was also cited for failing to pay federal employment taxes for them.

Ms. DeLeon operated a certified asbestos training school and temporary employment agency in Methuen, Massachusetts.

Asbestos abatement needs to be handled by certified workers, due to the deadly nature of the substance. Once a common component of building materials such as floor and ceiling tiles, siding, and insulation, asbestos removal is now undertaken to prevent any exposure to the dangerous substance.

Asbestos is a known carcinogen. Exposure to asbestos, or inhalation of asbestos fibers, has been linked to illnesses such as silicosis, asbestosis, lung cancer, and mesothelioma.

Texas Family Sues Chevron Over Asbestos Death

Wednesday, March 25th, 2009

Melvin Dupuis, a Texas man, passed away in October of 2005 from an asbestos-related disease. Now, his family is has filed a lawsuit against Chevron and Texaco laying the blame for Mr. Dupuis’ death squarely on those two corporations. Texaco was Chevron’s predecessor.

The Dupuis family alleges that Melvin was exposed to asbestos fibers when employed as a laborer, insulator helper, machinist helper, stillman and press operator for Texaco.

The complaint alleges that “The Defendants knew for decades that asbestos-containing products could cause the disease of asbestosis and asbestos-related cancers and still allowed their employees, such as Melvin Dupuis, to work with and around asbestos products in the workplace.”

The Dupuis family argues that the companies acted “with malice and/or with gross neglect” when they exposed Mr. Dupuis to asbestos without properly warning or protecting him.

The Dupuis family is seeking punitive and exemplary damages, plus interest, costs and other relief to which they may be entitled.

The case will be heard by Judge Donald Floyd of the 172nd District Court.

Asbestos fibers, if inhaled, lead to painful and severe medical conditions including asbestosis, lung cancer, and mesothelioma, among others. In the case of mesothelioma, a person may be exposure to asbestos, but not become ill until decades later. By the time the disease has been diagnosed, the victim may only have months to live.

Ohio Wrecking Company Fined

Wednesday, March 25th, 2009

An Ohio wrecking company with a history of past bad behavior has been fined $16,294 for violations at its stone crushing operation in East Akron.

Eslich Wrecking Co. of Louisville was found guilty of three violations, while being acquitted on some of the other charges. This comes after a history of previous violations, including improper asbestos disposal. However, owner Richard M. Eslich has been cleared of knowingly violating state law on air emissions.

Back in 2003, the company was found guilty of failing to control dust, as well as failure to provide the Akron Regional Air Quality Management District with required information. In addition, they also failed to renew site approval for the plant.

In 2007, the company agreed to pay a $99,674 civil penalty for separate air and solid-waste violations at it’s stone crushing plant. This resolved violations dating back to 1999 when the wrecking company illegally disposed of asbestos.

Other violations included open dumping, illegal disposal of construction and demolition debris, failure to obtain authorization to dispose of material containing asbestos, and improper operation of an active asbestos-disposal site.

As part of the settlement agreement, the wrecking company must survey the property to locate all asbestos-containing materials. The company must also install a protective cap to ensure that the asbestos on the property does not become airborne. If asbestos breaks down into fibers, they can break down into pieces small enough to be inhaled. If asbestos is inhaled, it can cause serious health problems, which include lung cancer and mesothelioma.

Massachusetts Company Cited for Violating Environmental Laws

Tuesday, March 24th, 2009

The Massachusetts Attorney General’s office has filed a complaint against a Weymouth company for failing to pay a hefty fine for violating environmental laws.

Attorney General Martha Coakley’s office filed the complaint in Suffolk Superior Court on Friday, March 20th against C&O Enterprises. The fine was originally assessed by the Massachusetts Department of Environmental Protection in the amount of $108,000. Due to failure to pay, the complaint filed by the Attorney General’s office seeks up to three times that amount.

In the complaint, it is alleged that C&O Enterprises, Inc., also known as North American Environmental Services, Inc., failed to pay the penalty assessed to them after asbestos and other hazardous materials were improperly disposed of at two separate properties in Massachusetts. The waste has since been removed and dealt with according to environmental law.

“The law requires that individuals and companies properly dispose of hazardous materials. Our office is committed to enforcing the law to protect the public health and safety of our environment and communities,” Coakley said. “When individuals fail to comply with environmental laws in the commonwealth, MassDEP may assess an appropriate fine. Our office will hold accountable individuals and companies who fail to comply with environmental regulations and who in bad faith fail to pay administrative fines lawfully assessed by MassDEP.”

When asbestos is disturbed, it can release asbestos fibers. If the fibers are inhaled, they can cause serious health problems, including mesothelioma and lung cancer. Mesothelioma has a long latency period, meaning that it can be decades before the disease is diagnosed. The average patient diagnosed with mesothelioma only lives six to nine months after being diagnosed, although some battle their disease for up to two years.

Toy Company Sued for Selling Asbestos-Containing Products

Tuesday, March 24th, 2009

A toy company has filed for Chapter 7 bankruptcy and is facing a class-action lawsuit after manufacturing an asbestos-contaminated toy. Planet Toys, Inc. sold a toy crime-scene kit based on “CSI: Crime Scene Investigation” a CBS show that put thousands at risk of asbestos exposure.

The nonprofit Asbestos Disease Awareness Organization (ADAO) filed a lawsuit against the toy company and CBS after discovering the toys contained asbestos in November of 2007. Three separate tests were conducted on the toys by ADAO finding “substantial quantities of tremolite asbestos… one of the most lethal forms of asbestos.” The mineral was found in the fingerprint dusting powder. Planet Toys, Inc. responded by pulling the kits off of store shelves but made a statement that their previous testing showed no signs of asbestos. Plaintiffs have until March 30th to file a motion to certify the class.

Exposure to asbestos can cause a number of illnesses including asbestosis and malignant mesothelioma. The disease is caused when airborne asbestos fibers are inhaled and become lodged in the soft tissue of the lungs. Symptoms can take between 20 and 50 years to appear, many times too late for any effective treatment. Beginning in the 1970’s the government implemented regulations on the use of asbestos in products.

The lawsuits have been filed by the Public Justice on behalf of the ADAO. The attorney in charge of the case said 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 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.”

In the bankruptcy petition filed March 18th, Plant Toys, Inc. states it has assets between a million and $10 million, their liabilities range between $10 and $50 million. Chapter 7 Bankruptcy is filed when a business cannot pay its creditors and/or is badly in debt. Unless the company can be continued by a Chapter 7 trustee, the business will most likely liquidate and cease to exist.

No Asbestos Danger at West Virginia Middle School

Monday, March 23rd, 2009

Parents, students, and staff breathed a sigh of relief after hearing that tests on a possible asbestos release at their school came back negative.

Beverly Hills Middle School in Huntington, West Virginia was closed as a precaution on Friday. During renovations earlier in the week, officials believed a small amount of asbestos fibers may have been released during the school’s renovations.

The possible asbestos release occurred on Thursday when workers accidentally drilled 5 quarter-inch holes into a after workers accidentally drilled into a ceiling which they had been warned could possibly contain asbestos fibers.

School was canceled in order to conduct air quality tests and protect students and staff from any danger. Said the school’s superintendent: “Under federal safety guidelines, the area disturbed is so small we are only required to clean it. As a proactive measure, we’re sampling the air and closing the school Friday. We want to put the minds of those who work and study at Beverly Hills at ease.”

Mesothelioma cancer, a deadly disease, is caused exclusively by previous exposure to asbestos.

Cabell County School Spokesperson Jedd Flowers informed the public that 10 different air quality tests were conducted on the drill holes, and all 10 tests came back within standards.

The school will reopen Monday morning, and it is expected that all scheduled classes will be back in session.

Had asbestos been found at the school, the health of the students and staff at the school could have been compromised. Asbestos is a known carcinogen linked to lung cancer and other severe pulmonary afflictions. Cleaning up asbestos can be costly, and at a time when school budgets seem to be tighter than ever before, it is a lucky thing that no asbestos was found in the school’s air quality tests.

Old Asbestos-Laden Building to Become Sports Complex

Monday, March 23rd, 2009

An abandoned warehouse in Metuchen, New Jersey, may soon be transformed into a brand new indoor sports complex.

A private contractor is planning to build the indoor recreation center on the current site on this abandoned warehouse.

The indoor sports complex will be a multi-purpose building, housing a variety of sporting spaces for different indoor sports.

The contractor hopes to have the building complete as soon as the end of the year. However, the developers are waiting for approval on the project from the state Department of Environmental Protection. The site has numerous environmental problems, as well as asbestos-related issues.

In addition to asbestos-laden roof tiles and brake pads located on the site, the land surrounding that area was also used as an approved asbestos landfill. Some asbestos has been buried there and capped with concrete.

The remaining asbestos will either be buried and capped with more concrete, or it will be trucked off-site for disposal. Concerns have been raised that if the asbestos is to be moved off-site, the process of packing it up for transport could actually break down the asbestos, leading to air contamination. Asbestos exposure can lead to severe health problems including lung cancer and mesothelioma.

It has not yet been decided how the asbestos will be disposed of at this site.

The Department of Environmental Protection is currently reviewing the plans. It is not yet known when the Department will give their approval to the proposed plan.