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Archive for December, 2009

Asbestos violations result in criminal trial for Oregon man

Thursday, December 31st, 2009

An Oregon man’s asbestos case will continue into 2010, according to a late November report. Dan Desler has been charged with crimes related to asbestos air pollution, and Judge Rick McCormick has decided to continue the case starting on January 11, 2010.

Desler and his company, Western States Land Reliance Trust, have been fined by the state Department of Environmental Quality over asbestos violations at a site in Sweet Home, Oregon. Asbestos exposure is linked to the development of mesothelioma, a cancer which affects less than 3,000 Americans each year. The disease typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms. There is no cure.

Desler was arrested in April of this year on multiple felony air pollution charges, stemming from his alleged handling of asbestos-related material at the site. Desler faces seven counts of first-degree air pollution. In addition, he must also answer to three counts of second-degree air pollution, supplying false information and reckless endangerment. Despite the evidence to the contrary, Desler still claims he is innocent.

Desler, a Eugene developer, was attempting to do work on the Sweet Home site, but stopped work in 2007 after the 153-acre property was found to contain asbestos. At this point, Desler stopped work, but left the asbestos-tainted debris uncovered on the site. The Sweet Home site was cleaned up earlier this month by the US EPA, and a grand total of 4 million pounds of asbestos-contaminated debris was hauled away from the site.

School board accused of hiring unlicensed carcinogenic asbestos abatement company to conduct removal

Wednesday, December 30th, 2009

In Fulton, Illinois, the River Bend School Board is struggling to find a way to finance the costs related to a recent asbestos incident. Superintendent Jane Bauer offered a report on the asbestos abatement at the local high school’s shop classroom at the November school board meeting.

Bauer is concerned that the school will be fined over the incident.

“I just know, that we have done every single thing right. And we are being accused of allowing abatement to take place by someone who’s not licensed. And that is not the truth, but that is how the state is portraying it at this time,” said Bauer.

Licensed removal of asbestos is important, as federal regulations are in place to make sure removal is performed safely. Exposure to even a small amount of asbestos is considered unsafe, and may lead to the development of mesothelioma. Mesothelioma, a rare cancer, affects less than 3,000 new patients in America every year. The cancer is aggressive, and many patients succumb to mesothelioma within 24 months of being diagnosed.

Bauer is concerned that between fines and the cost of paying for the asbestos abatement in the shop classroom, the school board will be out quite a lot of money. According to Bauer, the school’s insurance provider has been contacted to ascertain what level of coverage the district has, and unfortunately the cost of asbestos abatement will not be covered.

“This project is going to be a big project,” said Bauer, who says it is “unfortunate” that the school will not be getting extra money from the insurance company during this time of need.

Louisiana companies charged with illegal asbestos dumping, other asbestos violations

Tuesday, December 29th, 2009

In Baton Rouge, Louisiana, two companies and one area man have been sentenced in a case related to asbestos violations and illegal dumping. Charlie Hampton of Hamp’s Enterprises, LLC and Hamp’s Construction, LLC were fined a total of $40,000. Hampton has been ordered to clean up his illegal dumping site in New Orleans after pleading guilty to disposing of waste in a wetland area.

The case has been ongoing since April of this year, when Hampton was arrested on charges related to falsifying asbestos inspection certifications, specifically Asbestos Notification of Demolitions and Renovation forms. Falsifying these forms can endanger public health and safety and is against the law. Asbestos exposure has been repeatedly linked to the development of mesothelioma, a rare form of cancer that affects organs like the lungs and heart, as well as the lining of the abdominal cavity.

Sadly, the majority of patients lose their battle with this cancer in less than two years following diagnosis. Mesothelioma affects less than 3,000 Americans each year, and while there are palliative treatment methods available, including chemo, there is no known cure.

The Department of Environmental Quality’s Criminal Investigation Division investigated the case, and caught trucks operated by Hampton and Hamp’s Construction in the act of dumping construction debris.

“The Almonaster Corridor in New Orleans East has been a historic dumping site since before DEQ even existed,” said Harold Leggett, DEQ Secretary. “It will take continuing and vigilant efforts by DEQ, local and federal agencies to end illegal dumping and other illegal activities in this area.”

Restoration project to exceed budget due to carcinogenic asbestos removal

Monday, December 28th, 2009

In Ogdensburg, New York, the restoration of the Frederic Remington Art Museum is nearing completion. The $1.5 million dollar price tag on the renovation is more than was previously expected, and the main reason for the increase in the project’s cost was the discovery of asbestos at the facility. Early estimates for the entire project were about $1.2 million, but during work on the porch of the museum, asbestos-abatement cost an unexpected $60,000.

The removal of asbestos is costly, but very important, as exposure to asbestos has been scientifically proven to contribute to the onset of mesothelioma, a rare form of cancer which manifests in less than 3,000 Americans each year. This incurable form of cancer targets the thorax, most often the lungs, abdominal tissues, and lining of the heart.

Chemo does help some patients, but many are told that they are expected to live for less than two years after being diagnosed. There is no known cure for mesothelioma.

"We’ve been letting the building tell us what comes next in terms of urgency," museum Executive Director Edward A. LaVarnway said.

"The edge of the roof of the main building, also the roof of the east wing, needs to be restored, but we’re waiting to hear…If you look at the profile, it’s quite possible there’s some bad rafters in there or something. We won’t know until we get into it, and that’ll be next year."

The museum is situated in the historic Parish Mansion, built in 1810. The asbestos-laden porch was a later addition, dating back to 1897. The museum has been housed in the mansion since the late 1920s, and currently boasts 27 layers of paint, attesting to the age of the building. LaVarnway said he expects the hardest part of the project may very well be removing these 27 layers of paint on the exterior of the house. It is hoped that the project will wrap up in 2011.

Japanese family seeking damages after mesothelioma asbestos death

Sunday, December 27th, 2009

In Osaka, Japan, the surviving family of a man who died from an asbestos-related lung cancer is suing the man’s former employer. The family, whose name has not yet been revealed in the press, is suing the Osaka-based fire-protection equipment dealer Kansai Hochiki Engineering, where the deceased worked for two decades as a maintenance engineer for fire alarms.

The family claims that the deceased was exposed to asbestos on the job, and that the company failed to adequately protect their employee. Asbestos exposure is conclusively linked to the development of many kinds of pulmonary diseases, ranging from lung cancer to asbestosis to mesothelioma, a rare form of cancer that can affect the lungs as well as other organs in the body.

While there are palliative treatment methods available, including chemo, there is no known cure for mesothelioma. Asbestos is a naturally-occurring silicate mineral that was used for many decades in building materials like floor tiles, ceiling tiles, insulation, and fireproofing materials.

The victim’s family accuses the employer of neglecting worker safety by allowing the man to work with asbestos in small, confined spaces that were poorly ventilated. The man was diagnosed with lung cancer caused by asbestos in 2005, and in 2007 the case was officially designated a work-related illness.

The family is seeking 60 million yen in compensation, which is equal to roughly $680,000 in American currency.

"We cannot comment on anything as we have not received a written complaint yet," a company official told reporters.

Bidding open for million-dollar asbestos removal project at former school

Saturday, December 26th, 2009

As part of a rebuilding program, the Youngstown, Ohio school district is planning to demolish almost 20 area schools. At one building, the former site of the Princeton School, officials say that removing the asbestos present in the school prior to demolition may cost as much $1 million.

The removal, handling, and disposal of asbestos-containing materials are a serious matter that falls under regulations set forth by state and federal officials. There are stringent rules governing asbestos, which are due to the deleterious health effects it can have. Exposure to asbestos, even in small amounts, may cause death.

Asbestos-related illnesses include mesothelioma, a rare and extremely aggressive cancer that can kill within months or weeks of being diagnosed. While the average mesothelioma patient may perish within 24 months of being diagnosed, many others go on to live for many years after being told that they are ill.

The school board is currently seeking bids for the asbestos removal project. The high range for bids is expected to be $1,250,000, significantly more than at other schools in the area that are being prepared for demolition. The demolition of these area schools is part of a $190 million school rebuilding program, of which 80 percent is being financed by the Ohio School Facilities Commission. 17 schools will be totally demolished, while 13 more will be renovated, expanded, or replaced.

It is hoped that due to the current economic downtown, many companies will submit extraordinarily low bids for these projects, a move which will bolster the local economy and save the school district a great deal of money.

Asbestos legislation prompts changes to carcinogenic asbestos regulations

Friday, December 25th, 2009

In Brooklyn, New York, city council members have passed a new piece of asbestos legislation, the last in a 12 part series of bills to overhaul the regulations regarding asbestos, construction, and demolition. This latest piece of legislation prohibits simultaneous demolition and asbestos abatement activities in Brooklyn’s buildings, and will take effect in 180 days.

The bill was passed in an effort to protect firefighters, as their access to a building that is undergoing both demolition and asbestos abatement was limited. In 2007, a fire at Deutsche Bank killed two New York City firefighters who were trapped in the building, which was undergoing both abatement and preparations for demolition.

Exposure to asbestos is linked to mesothelioma, a rare but aggressive cancer of the heart, lungs, or abdomen which can kill within months of being diagnosed. While some treatments can help patients, the majority perish within 2 years of being diagnosed.

“Taken together, these 12 measures represent a significant overhaul of the City’s demolition and asbestos abatement procedures,” said Council Speaker Christine Quinn.

“Working together with the administration and the construction industry, we will continue to raise the standard for construction safety across our ever-growing city in the most responsible and vigilant way possible.”

“This law was generated from expert testimony at hearings of the Council’s Lower Manhattan Redevelopment Committee, proving once again that the legislative branch of government has a role to play in making sure that livability and safety come first in the rebuilding of downtown,” said Council Member Alan J. Gerson, sponsor of the bill. “In fact, the whole city gains from our experience.”

Asbestos an ongoing issue, delays overpass project

Thursday, December 24th, 2009

In Fort Myers, Florida, state inspectors are currently investigating concerns regarding the presence of asbestos at the site of the $25 million dollar Summerlin overpass project. Task force members from the Florida Environmental Protection agency are combing the area in search of asbestos-laden material, which might be present in pipes, fill material, and other objects. Exposure to even minute amounts of asbestos is considered unsafe and accidentally inhaling or ingesting these small particles of asbestos mineral can be deadly.

Exposure to asbestos is linked to mesothelioma, a rare cancer of the heart, lungs, or lining of the abdominal cavity. This cancer has a long latency period, but when symptoms do emerge the cancer spreads rapidly through the human body.

"If you look in close, you can see the fibers up in here and that’s usually an indication of asbestos," said Sherrill Culliver of FDEP. "I won’t be sure until I get my results back. But professionally, we’ve come across this a lot," Culliver added, explaining that the material found on the site must be tested in a lab to confirm that it contains asbestos.

If asbestos is found at the site, the FDEP will conduct further investigations. The contractor running the overpass site is Posen Construction, which has a past history of asbestos-related incidents. Florida state limits allow 260 feet of asbestos to be present at construction sites, and it remains to be seen how much asbestos is present at the site. If a large amount of asbestos is found at the site, the responsible parties may be responsible for the cost of cleanup.

Teachers, parents, students concerned following mesothelioma-causing asbestos scare

Thursday, December 24th, 2009

In New York City, an asbestos incident that occurred earlier this month at Lafayette High School has students and teachers unnerved.

“This is something that shouldn’t happen,” said Richard Mangone, a social studies teacher at Lafayette. “I’m glad that the Department of Education and School Construction Authority met with all the members of the school campus and the United Federation of Teachers to ensure that this type of problem will not happen again.”

“This is a big problem with the potential for serious repercussions. The Department of Education must take every step necessary to ensure the safety of its students,” added City Council member Domenic Recchia. “I am incredibly disturbed that even though a custodian reported dust and debris at 8 a.m. on Friday, School Construction Authority officials did not arrive until 2 p.m. That is not an acceptable response time to a serious health hazard.”

Exposure to even a small amount of asbestos can lead to lung diseases, including the rare but aggressive cancer known as mesothelioma. Mesothelioma affects thousands of new patients each year, but to date there is no known cure. The cancer can lie dormant for decades before the onset of symptoms.

According to a statement released by the Department of Education: “Indoor air quality tests indicate that Lafayette High School is safe, and classes are proceeding as scheduled. We’re sending a letter to families in the Lafayette community to explain why the SAT was canceled and to inform them of the new test date. We are reviewing last week’s incident to ensure that our contractors are in full compliance with regulations, and we will take disciplinary action as needed.”

Those out of work consider asbestos removal training, among other trades

Wednesday, December 23rd, 2009

Due to the current economic climate, throngs of unemployed workers are filling their work-free days with classes in the hope that with a wider skill-set they may soon be able to find work. Nationwide, many laborers with experience in the construction trade are going back to school to learn new skills, including the handling, removal, and disposal of asbestos.

These important skills protect workers and occupants from exposure to the material, which has been repeatedly linked to cancers like mesothelioma, which are capable of killing within months of being diagnosed. Asbestos-related cancers like mesothelioma can affects thousands of new patients every year in America, as well as thousands more abroad.

In DeForest, Wisconsin, teacher Al Friedl has actual had to turn people away from his classes because they are already over-booked.

“I need a bigger building,” said Friedl, director of training for the Wisconsin Laborers Apprenticeship and Training Center, “and it’s only four years old.”

Construction jobs are usually hard to find during the cold winter months, but with the recession still gripping most of the country, and the holidays just around the corner, more and more workers are looking to augment their income and increase their job security.

According to Tom Fisher, a worker that can tackle asbestos removal has a better chance of finding and keeping a new job. Fisher is the president and business manager of the Wisconsin Laborers’ District Council.

“It’s going to be a long, cold winter for a lot of people here who are in the construction industry,” Fisher told reporters.

Friedl says that his current crop of students seems to be more dedicated and focused than those he taught in the past, because they chose to enroll rather than being sent to the classes by an employer. “The majority of them now, they want to be here,” he said. “They want to improve, and I guess that’s part of the reason we have a backlog.”