Asbestos News Roundup: 9.5.13 – Check your Hot Air Furnace for Asbestos

September 5th, 2013. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Hot Air Furnaces & Asbestos Risk

As fall begins to make its presence felt, many people may be looking at replacing or refurbishing their hot air furnaces. A popular way to heat a house, hot air furnaces have been sold in the millions across North America.

However, as one man discovered recently, the older models of hot air furnaces contain asbestos. While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then may still be in operation—they have a lifespan of some 50 years or more.

As the gaskets in hot air furnaces disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it.

Asbestos Lawsuits

Charleston WV: The daughter of recently deceased Clinton Pitzer has filed an asbestos lawsuit naming 37 companies she claims are responsible for her father’s death. On February 25, Pitzer was diagnosed with lung cancer, from which he subsequently died on March 5.

In her lawsuit, Pitzer’s daughter, Tammy Timmons, alleges her father was exposed to asbestos and/or asbestos-containing products during his employment as a coal miner, a manager/operator of a coal mine and a laborer from 1954 until 1995.

Timmons is suing the defendants based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.

Timmons is also suing certain defendants as premises owners and as Pitzer’s employers for deliberate intent/intentional tort.

The 37 defendants named in the suit include Caterpillar Inc.; Crane Co.; Dravo Corporation; Eaton Electrical Inc.; Fairmont Supply Company; FMC Corporation; Foster Wheeler Energy Corporation; Genuine Parts Company; Goulds Pumps Inc.; and Grinnell Corporation. (wvrecord.com)

Asbestos Law

Kingston, ON: An employer who allowed a worker to remove asbestos materials without ensuring the worker was trained and had appropriate equipment has pleaded guilty in court and fined a total of $25,000.

In November and December 2012, Kevin Kauffman of Toronto was involved in the process of obtaining approvals for the redevelopment of a property located at 522/524 Johnson Street in Kingston. The exterior of the semi-detached multi-unit dwelling was clad in tiles containing asbestos and more tiles were stored in the basement; the building required asbestos abatement and disposal. He hired a worker to remove the siding and tiles. The worker lived on-site while performing the work.

Although he contacted a Ministry of Labour office and was advised of the requirements under the Occupational Health and Safety Act of the regulations relating to asbestos, the defendant failed to follow through on the necessary equipment and precautions.

The regulations state that employers must provide every worker entering the work area with an approved respirator, and ensure that workers are trained in the hazards of asbestos exposure, including proper work practices and the use, cleaning and disposal of respirators and protective clothing. The worker did not receive any form of asbestos training and was given a rubber mask and paper dust masks.

The defendant pleaded guilty in a Kingston court to failing as an employer to ensure that the measures and procedures prescribed by law were carried out. He was fined a total of $25,000.

The fine was imposed by Justice of the Peace Jack Chiang. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime. (newsontario.ca)

 

Tags: Asbestos, Asbestos Exposure, asbestos law, asbestos lawsuit, Asbestos Mesothelioma

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