Asbestos News Roundup: 8.27.10

August 28th, 2010. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Lawsuits

Madison County, IL: Four men have filed an asbestos lawsuit claiming that they fear developing cancer after they helped demolish a building containing asbestos that they had been told contained none.

Jaime Chier, Mark Uzzetta, John Schilly and Myrna Bomkamp filed a lawsuit Aug. 13 in Madison County Circuit Court against Alter Trading Corp., Environmental Consultants, Midwest Asbestos Abatement Corporation doing business as Midwest Service Group, Envirotech and Talbert Industrial Commercial Services.

The plaintiffs claim they worked for Premier Demolition and began dismantling a structure at 901 South Front St. in Quincy in August, 2008. Before the plaintiffs’ work began, the defendants inspected the premises and promised it had been cleared of asbestos-containing materials, according to the complaint.

However, the plaintiffs claim they now fear such diseases because they became exposed to asbestos fibers when they demolished the Quincy building.

“When asbestos fibers from disturbed asbestos-containing materials become airborne, such as during renovations or demolitions, they can be inhaled; the fibers then become lodged in the lung tissues,” the complaint says. “Once in the lung tissues, asbestos has been known to cause cancer, mesothelioma, asbestosis, pleural plaques, and other very serious health conditions in humans.”

The suit claims that the defendants’ representations that the building was asbestos-free were wrong and, as a result, the plaintiffs have been damaged beyond repair, have suffered severe emotional distress, fear, anxiety, aggravation, inconvenience and mental anguish, according to the complaint. (madisonrecord.com)

Asbestos Settlements

Trenton, NJ: A $7.5 million settlement has been awarded to a woman who contracted asbestos mesothelioma from washing her husband’s work clothes for three decades. The settlement was upheld by a New Jersey appellate court, resulting from an earlier decision in the case of Bonnie Anderson vs. AJ Friedman Supply Co. Inc. The court also awarded $500,000 for Mrs. Anderson’s husband, and prejudgment interest.

The Anderson’s brought the product liability suit against several defendants, but in the end went to trial against Exxon Mobil Corp, after claims against the manufacturers named in the suit were dismissed.

The Anderson’s alleged that Mrs. Anderson contracted mesothelioma from one or two sources of asbestos exposures: her own 12-year employment working at an Exxon refinery and from laundering her husband’s asbestos-laden work clothes during his employment with Exxon from 1969 to 2003, according to court records. (businessinsurance.com)

Asbestos Law

New Laws Protecting Shipyard Workers

Washington, DC: Two new international specifications have been developed that improve the safety of the overall environment when ships are recycled and of the workers directly handling the materials.

The publicly available specifications (PAS), developed by the International Organization for Standardization (ISO), contribute to improved practice and lower environmental impacts in ship recycling. Every part of the hull and machinery is capable of being re-used in ships, making their recycling a highly sustainable and environmentally friendly activity.

ISO/PAS 30006:2010, Ship recycling management systems—Diagrams to show the location of hazardous materials onboard ships, and ISO/PAS 30007:2010, Ships and marine technology—Measures to prevent asbestos emission and exposure during ship recycling, will counter reports that have identified bad working practices and negative environmental impacts in some methods of ship recycling. They will provide guidance for the preparation of ships for recycling and will help to minimize the use of potentially hazardous materials and waste generation during a ship’s operating life.

Workers will also be protected under the new specifications. Shipyard workers have an elevated risk of developing an asbestos-related disease, especially in recycling activities. ISO/PAS 30007:2010 provides effective methods for minimizing the dangers of asbestos during ship recycling by reducing both the release of asbestos into the environment and worker exposure to asbestos.

These standards were developed by ISO Technical Committee (TC) 8, Ships and marine technology, subcommittee (SC) 2, Marine environment protection. The U.S. holds chairmanship of TC 8 through Captain Charles Piersall, a retired U.S. Navy Captain. The SC 2 secretariat is also held by the U.S., which the American National Standards Institute (ANSI) has delegated to the U.S. Department of Transportation Maritime Administration. The ANSI-accredited U.S. Technical Advisory Group (TAG) administrator for both TC 8 and SC 2 is ASTM International, an ANSI member and audited designator.

Chicago, IL: A former city inspector has been sentenced to a year and a day in prison after pleading guilty to accepting a bribe to overlook the presence of asbestos in a building. Forty-year old Michael Cease had allegedly solicited a $600 bribe from the building owner in exchange for providing false documentation to the owner indicating that the asbestos had been removed properly by an asbestos abatement company. Cease reportedly demanded additional monies later on, claiming it was for his boss.

Cease was caught as a result of a tip from a citizen last year, which led to an investigation which revealed the scam. (FoxNewsChicago.com)

Asbestos Hot Spots

Kansas City, KS: The Kansas Department of Corrections (KDOC) has ordered an audit to identify possible exposure of inmates and employees to asbestos prompted abatement work at two correctional facilities and raised the possibility of remediation at dozens of sites in the future.

“Asbestos-containing materials were found in various buildings at DOC facilities,” said Bill Miskell, spokesman for corrections department.

He said the $170,000 assessment of pipe insulation, ceiling material, floor tile and other products likely to contain asbestos was a direct response to the U.S. Environmental Protection Agency’s report documenting KDOC’s past mishandling of asbestos removal.

KDOC officials responded to the system-wide audit by reallocating $75,000 for abatement of pipe wrapping or ceiling tile at the Lansing and Winfield prisons, but say government regulations don’t require immediate elimination of asbestos found elsewhere in the prisons. (cjonline.com)

Tags: Asbestos, Asbestos Mesothelioma

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