Asbestos News Roundup: 8.29.13 – Back-to-School Awareness

August 29th, 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.

Asbestos in Schools—Did You Know?

Back-to-school is just around the corner. Many children will be heading back to classrooms in older buildings all across the country. But those hallowed halls of learning may house something unsuspected and deadly—asbestos. Lately, many older schools have undergone asbestos removal and refurbishment.

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: The daughter of the late Phillip D. Ohlinger, who died from asbestos-related lung cancer, has filed an asbestos suit naming 47 defendants. Mr. Ohlinger was diagnosed with lung cancer in March and died on July 9, according to court documents.

In her asbestos lawsuit, Ann Ohlinger claims that between 1953 and 1992 the defendants exposed her father to asbestos during his employment as a sales person, laborer, furnace stoker and maintenance worker.

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

Further, Ms. Olinger is suing certain defendants as premises owners and as Phillip Ohlinger’s employers for deliberate intent/intentional tort. She is seekinga jury trial to resolve all issues involved.

The named defendants include: 3M Company; A.W. Chesterton Company; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; American Electric Power Service Corporation; Beazer East Inc.; Brand Insulations Inc.; Catalytic Construction Company; Caterpillar Inc.; and Certainteed Corporation were some of the 47 defendants named in the suit. (wvrecord.com)

Charleston, WV: 82 companies have been named as defendants in an asbestos lawsuit brought by Travis and Linda Jean Simons. In their lawsuit, the couple allege Mr. Simons has sustained asbestos-related illness resulting from his asbestos exposure during the course of his employment.

On November 13, 2012, Travis Simons was diagnosed with an asbestos-related lung injury. The Simons claim the 82 defendants exposed Travis to asbestos during his employment as a laborer from 1968 until the present.

The defendants are being sued based upon the theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn. Additionally, certain defendants are also being sued as premises owners and as plaintiff’s employers for deliberate intent/intentional tort.

Asbestos Law

Philadelphia, PA: A 53-year old business has been indicted on five counts of illegal removal of asbestos. The indictment comes after a grand jury investigation, according to the U.S. Attorney’s Office in Philadelphia. If convicted, David Mermelstein of Elkins Park faces a maximum possible sentence of 25 years imprisonment and a fine of $1.25 million.

Mr. Mermelstein who owns a business in Willow Grove, purchased a furniture warehouse in Northeast Philadelphia. According to the indictment, Mermelstein operated the business under the name Red, White and Black Furniture at 10175 Northeast Ave.

The warehouse was old, and had asbestos insulation around its pipes which ran throughout the building. The indictment alleges that from September 2009 through April, 2010, after learning the cost of proper asbestos removal, Mermelstein hired day laborers instead of licensed asbestos contractors to remove asbestos from the commercial property. Mermelstein then directed the removal of asbestos by these laborers without telling them they were removing asbestos and without proper safety equipment and “in a manner that did not comply with asbestos work practice standards” required by federal law.

The Environmental Protection Agency, the City of Philadelphia’s Air Management Services investigated the case, which is being prosecuted by Assistant U.S. Attorney Virgil B. Walker and Special Assistant U.S. Attorney Patricia Miller. (montgomerynews.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Mesothelioma

This was posted on Thursday, August 29th, 2013 at 3:56 pm and is filed under Asbestos Mesothelioma, lawsuits . Feel free to respond, or trackback. Read our comments policy.