Asbestos News Roundup: 2.21.13 – Asbestos in Schools

February 21st, 2013. By LucyC

This week’s asbestos news roundup includes all the 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.

Asbestos in Schools—Did You Know?

Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.

Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html

Asbestos Lawsuits

Charleston, WV: Thelma Absten has filed an asbestos lawsuit naming 44 companies as defendants responsible for her late husband’s lung cancer and resulting death.

Diagnosed with lung cancer on Jan. 10, 2011, Delmer Absten subsequently died on April 15, according to the lawsuit.

Mrs. Absten alleges her late husband worked as a laborer and carpenter from 1964 to 2003, and it was as a result of this work that he was exposed to asbestos and/or asbestos-containing products. She claims the defendants failed to warn husband of the dangers of asbestos.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit.

The 44 companies named as defendants include 3M Company; A.W. Chesterton Company; Beazer East, Inc.; Certainteed Corporation; Cleaver-Brooks, Inc.; Dravo Corporation; FB Wright Company; FMC Corporation; Foster Wheeler Energy Corporation; and General Electric Company.

Charleston, WV: 55 companies have been named as defendants responsible for the asbestos-related death of Virginia Sue Thompson’s late husband, Lonnie Jay Thompson.

In her lawsuit Mrs. Thompson alleges Mr. Thompson was diagnosed with lung cancer on February 17, 2011, from which he died on October 14, 2011. She further alleges that it was during her late husband’s career as a drywall installer, carpenter and pipefitter (1963 – 1999) that he was exposed to asbestos and/or asbestos-containing products.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the lawsuit.

The 55 companies named as defendants include: 3M Company; A.C.F. Industries, LLC; Borg-Warner Corporation; Brand Insulations, Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company, Inc.; Columbus McKinnon Corporation; Copes-Vulcan, Inc.; and Crane Company.

Asbestos Law

San Francisco, CA: The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 schools not in compliance with the federal AHERA in these districts.

During inspections conducted in 2011, EPA inspectors discovered numerous violations, from failing to inspect facilities for asbestos containing materials, failing to re-inspect campuses with known asbestos containing materials, and failing to have an Asbestos Management Plan. All of the school districts have since taken necessary actions to comply with the law, with the cost of compliance reducing the penalties in most cases to zero.

“Asbestos in schools has the potential to harm the health of students, teachers, and maintenance workers,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA takes these violations seriously, and we are satisfied the schools have now conducted inspections and put their asbestos plans in place.”

Each school district is allowed to subtract properly documented costs of complying with the regulations from the penalty amount. The six school districts are:

• Apache Junction Unified School District (Pinal County): fined $21,675, but this was reduced to $7,933 because of the school district’s cost of achieving compliance.

• St. John’s Unified School District (Apache County): fined $14,195, reduced to $824 by the school district’s cost of achieving compliance.

• Florence Unified School District (Pinal County): fined $31,705, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• Vernon Elementary School District (Apache County): fined $2,700, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• McNary Elementary School District (Fort Apache Indian Reservation): fined $14,200, but no cash payment was due because the documented costs of compliance exceeded the penalty.

• Round Valley Unified School District (Apache County): fined $10,100, but no cash payment was due because the documented costs of compliance exceeded the penalty.

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

This was posted on Thursday, February 21st, 2013 at 6:29 pm and is filed under Asbestos Mesothelioma, Emerging Issues, lawsuits . Feel free to respond, or trackback. Read our comments policy.