Asbestos News Roundup: 7.16.14 – Occupations with High Asbestos Risk

July 16th, 2014. 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.

High Risk Asbestos Disease Occupations

Many workplaces in the US are now considered to have put workers at high-risk for asbestos exposure—decades ago. These include: US Navy, oil refineries, shipyards, chemical manufacturing facilities, aerospace manufacturing facilities, mines, smelters, coal fired power plants, construction work sites, auto repair shops, plumbers, welders, electricians, and most manufacturing, or industrial plants that were operating in the 1950s, 1960s, 1970s, or 1980s.

Sadly, many individuals who served in the US Navy, worked at a power plant, an oil refinery, or a shipyard decades ago are now being diagnosed with asbestos disease—the average age of diagnosis of asbestos mesothelioma is 72 years, according to the Centers for Disease Control, (CDC).

Although strict regulations about the use of asbestos have been put in place, the potential for asbestos exposure remains. In 2009, the CDC reported:

“Although asbestos has been eliminated in the manufacture of many products, it is still being imported (approximately 1,730 metric tons in 2007) and used in the United States in various construction and transportation products. Ensuring a future decrease in mesothelioma mortality requires meticulous control of exposures to asbestos and other materials that might cause mesothelioma. Recent studies suggest that carbon nanotubes (fiber-shaped nanoparticles), which are increasingly being used in manufacturing, might share the carcinogenic mechanism postulated for asbestos and induce mesothelioma, underscoring the need for documentation of occupational history in future cases.” The full report can be accessed at the CDC’s webpage:  http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm

Asbestos Lawsuits

St. Clair County, IL: A former railroad engineer has filed an asbestos lawsuit alleging he developed lung cancer as a result of career-related asbestos exposure.

Gary W. Davis filed the lawsuit against Union Pacific Railroad Company stating that during his 38-year career as a hostler, fireman and engineer for Union Pacific he was exposed to various toxic substances, including asbestos, diesel exhaust, environmental tobacco smoke, silica and creosote, which led to his diagnosis of lung cancer.

As a result of his cancer, Davis suffered great pain and disability, lost his enjoyment of life and suffered mental anguish, the lawsuit states. Further, Davis claims he has suffered extreme nervousness, incurred great costs and lost income as a result of the illness.

He claims the defendant is responsible for causing his injuries, saying it failed to monitor the system to determine whether employees’ exposure to asbestos was below prescribed limits, failed to provide special clothing, failed to collect work environment samples and failed to implement proper engineering controls, among other negligent actions.

Davis is seeking a judgment of more than $100,000, plus costs. (madisonrecord.com)

Boston, MA: An Oxford environmental company has been sued for allegedly failing to follow proper procedures and safety precautions while removing asbestos-containing materials from a home in Sturbridge, Attorney General Martha Coakley announced today.

The lawsuit against Patriots Environmental Corporation, filed Monday in Suffolk Superior Court, also alleges that the company failed to pay permit fees to the Commonwealth for at least 24 separate projects, as well as a $50,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for asbestos and hazardous waste violations at other sites.

According to the complaint, in July 2013, Patriots was hired to remove asbestos shingles from the exterior walls of a single-family home in Sturbridge. During the renovation, Patriots allegedly caused the asbestos shingles to break apart, dropping debris onto on the ground and into unsealed plastic bags exposed to the air. Patriots also allegedly failed to wet, cover, or keep in sealed containers the transite asbestos shingles that it removed during the renovation.

Further, the complaint also alleges that Patriots, for at least 25 asbestos removal or construction and demolition projects between November 2012 and December 2013, failed to pay required permit application fees when notifying the Commonwealth of the intended operations. Additionally, Patriots failed to pay a civil administrative penalty of approximately $50,000 assessed by MassDEP against Patriots for its illegal handling of asbestos and hazardous waste at various sites in the Commonwealth in 2008.

The lawsuit seeks civil penalties for Massachusetts Clean Air Act violations, as well as payment of the outstanding fees and penalties.(mass.gov)

Asbestos Settlements

Boston, MA: A $9.3 million settlement has been awarded by a Massachusetts jury hearing an asbestos trial in which the plaintiffs alleged a former pipefitter union business manager was exposed to Limpet spray insulation made by Turner & Newall Ltd.

The U.S. District Court for the District of Massachusetts jury reached the verdict on June 20 after a two-week trial. T&N Ltd, was the lone remaining defendant at the time of the verdict. The plaintiff was exposed to the product in the 1960s. (harrismartin.com)

Boise, ID: The Idaho Transportation Department (ITD) has agreed to settle with the U.S. Environmental Protection Agency for alleged violations of asbestos regulations.

In April 2013, ITD hired inmates at the St. Anthony Idaho Work Camp, a division of the Idaho Department of Correction, to remove approximately 460 feet of flooring tiles at an ITD maintenance station in Rigby using mechanical chippers and buffers. Waste from this project had been contaminated with asbestos, which was placed in a trash dumpster—a violation of asbestos disposal protocols. The material was then removed from the site to a landfill unapproved to handle asbestos waste. The EPA was notified of the incident by a worker and supervisor on the job site.

The workers had not been trained in asbestos handling or disposal, and accepted methods of waste disposal were not used.

The last asbestos test performed on the site took place in July 1989, and a single sample taken during that examination tested negative for the noxious material. However, industry standards indicate that such exams include multiple tests. After learning of the EPA’s allegations seven months after the alleged incident, the ITD hired a consultant to perform an independent test, during which two-thirds of samples taken by the consultant tested positive for asbestos.

In the settlement, released July 9, ITD has agreed to pay a $55,800 penalty. As part of that settlement, ITD neither admits nor denies allegations made by the EPA. (boiseweekly.com)

Asbestos Law

Denver, CO: Colorado Attorney General John Suthers announced that Tri State Environmental Group and Aftermath Cleanup & Remediation Services, LLC, will pay fines totaling $1 million for failing to properly dispose of asbestos containing waste material (ACWM). The fine will be split evenly between the two asbestos abatement disposal companies. The owner of the companies, James Joseph Duran (D.O.B. 04/01/66), and the companies themselves were sentenced after all three plead guilty to the crime of Causing and Contributing to a Hazardous Substance Incident which is a felony under Colorado law.

An Arapahoe District Court judge sentenced Duran and his companies for criminal behavior that also violated Colorado Department of Public Health and Environment’s regulations regarding illegal storage of ACWM. The Environmental Crimes Unit of the Attorney General’s Office partnered with the Environmental Protection Agency, Criminal Investigation Division and the CDPHE to investigate and prosecute the case.

Beginning in 2009, Duran began abandoning ACWM without following the proper safety procedures which caused a series of hazardous substance incidents. Duran and his companies also knowingly violated emissions regulations of the Colorado Air Quality Control Commission. Finally, Duran, Aftermath and Tri State knowingly concealed violations from law enforcement and CDPHE officials.

James Duran pleaded guilty and was sentenced to 500 hours of community service and six years of probation. He was also ordered to pay $2,538 in restitution. Both Aftermath Cleanup & Remediation Services and Tri State Environmental Group pleaded guilty and were each sentenced to a $500,000 fine.

The Environmental Crimes Unit of the Colorado Attorney General’s Office, EPA’s Criminal Investigation Division and the CDPHE, all members of the Colorado Environmental Task Force, investigated a series of crimes that brought Duran and his companies to justice. (coloradoattorneygeneral.gov/)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma, asbestos risk, Asbestos Settlement

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