Asbestos News Roundup: 12.17.10

December 17th, 2010. By LucyC

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

Asbestos Lawsuits

Beaumont, TX: Rebecca Washburn has filed a petition to perpetuate the testimony of Ronald Washburn, a former Chevron USA employee who suffers from lung cancer. The anticipated defendant in the pending suit is Chevron.

According to court papers, Ronald Washburn has developed terminal lung cancer: his lung cancer “is expected to progress” and will “ultimately prove fatal.” The petition claims that Washburn’s lung cancer resulted from exposure to asbestos products during his employment with Chevron.

“The substance of the testimony which petitioner expects to elicit involves Ronald Washburn employment and exposure history at Chevron,” the suit states. “As a result, petitioner has a good faith belief that a gross negligence, wrongful death lawsuit will be filed.” (SE Texas Record)

Asbestos Hot Spots

Atlanta, GA: The US Environmental Protection Agency(EPA) announced test results for asbestos contamination of public land along the South Fork of Peachtree Creek Thursday on December 9. The news encouraged green space supporters hoping to build trails for public use near the creek.

Last spring federal agents gathered soil and air samples near the trail site, looking for remaining traces of asbestos from a closed vermiculite processing plant at Zonolite Road near Emory University. The results revealed no measurable asbestos on most of the site. Only at one site did the EPA find what it called “barely detectable” asbestos contamination.

EPA coordinator Terry Stilman says “the risks from exposure to airborne asbestos are very low for recreational users.”

The single spot still suspected of contamination is a mound or plateau about 170 x 250 feet, between the former Zonolite plant and the South Fork of Peachtree Creek. “This site needs some action,” Stilman said. “It has a barely detectable amount of asbestos present. Without the presence of the plateau, we (The EPA) would not have any stake in this land.”

The EPA’s stake means pressure on the former manufacturer, WR Grace, to clean up the contamination, allowing the public safe use of the parkland. Failing that, Stilman says EPA Superfund dollars are appropriate for this site, which he called a Legacy Vermiculite Site, one of dozens around the country currently being assessed by the EPA.

More samples from the plateau are in EPA hands, taken Monday, December 6, 2010. Stilman says the EPA will analyze the results, and determine a method of reducing the risk by mid-January, 2011. More information is available at epaosc.org/VermiculiteExpansionWRGraceAtlantaGAO144  (epa.org) 

Asbestos Law

Las Vegas, NV: Nevada officials have come under scrutiny by the US Occupational Safety and Health Administration  for their handling of an investigation into work done at the Flamingo Las Vegas Hotel and Casino. The remodelling of the hotel exposed workers and possibly guests to airborne asbestos.

The review was prompted by Chuck Gillenwater who worked as a carpenter at the casino, and who wrote a plea to US Rep. Walt Minnick, D-Idaho asking for help. He alleged that the state investigation was inadequate.

Gillenwater’s complaint alleges that in 2007 Nevada OSHA downplayed the extent of the asbestos contamination, even though it upheld three safety violations during the remodelling. Notably, just a year earlier, Harrah’s Las Vegas, a sister property, completed remodeling that led to similar violations. However, Nevada OSHA did not classify the Flamingo exposures as repeat violations, which can increase the fines.

Chief among Gillenwater complaints is the spreading of asbestos fibers outside the Flamingo’s containment zones by workers at the casino. This arose when the demolition debris was hauled away through the building to dumpsters outside.

According to a federal OSHA summary of the complaint, “asbestos-containing materials [were] tracked into the employee dining area, kitchen bakery area and elevators.” As a result, the complaint said, the hotel’s maids, room service staff and possibly guests—those who went near work zones or the trash-removal route—were exposed to asbestos.

Consequently, Federal OSHA officials are investigating whether the Nevada OSHA understated the extent of the contamination to help the casino’s corporate owner—Caesars Entertainment, formerly known as Harrah’s Entertainment—minimize its potential legal liability.

The federal agency opened its office in the area after Congressional hearings last year into a rash of workplace deaths in Southern Nevada, including hotel construction accidents. (fairwarning.org)

Tags: Asbestos, Asbestos Mesothelioma, asbestos_mesothelioma

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