Asbestos News Roundup: 4.4.13 – Asbestos in Construction

April 4th, 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.

Construction Materials Containing Asbestos

Many of the materials used in construction, including welding, pipe fitting, and millwright work, contained, or in some cases still contain asbestos. By the mid-20th century asbestos was being used in fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.

It wasn’t until the 1980s that the knowledge of the dangers of asbestos exposure and related asbestos disease became more widely known amongst the general public. Consequently, millions of men and women likely worked on or around asbestos without any protection for decades.

It would not be uncommon for people to work with asbestos-containing products, either installing or removing them, which would send asbestos fibers into the air. The fibers are inhaled, and settle on people’s clothing—and that’s how asbestos disease begins. People who become ill from asbestos are usually exposed to it on a regular basis, hence the hundreds of asbestos lawsuits we are seeing now.

Asbestos Lawsuits

Charleston, WV: The wife and children of the late Louis Darjean have filed as asbestos lawsuit naming Chevron, Exxon Mobil, Shell Oil, Huntsman Petrochemical, Guard-line, Triplex, Elliott Turbomachinery, Yarway Corporation and Zurn Industries as defendants responsible for Darjean’s diagnosis of asbestos lung cancer and subsequent death.

Specifically, the asbestos lawsuit claims that Darjean’s illness was caused by his exposure to the lethal carcinogen as fibers and dust during his work as a supervisor at a local refinery.

Pamela Herbert, Mary Darjean and Ricky Darjean filed a lawsuit against on February 5 in Jefferson County District Court, which claims that although the defendants knew about the harms of asbestos for decades, they failed to warn Louis Darjean of the product’s danger and failed to ensure that its employees were not exposed to the carcinogen.

The Darjeans are seeking a judgment in excess of the minimum jurisdictional limits of Jefferson County District Court and exemplary or punitive damages, plus interest at the legal rate, costs and other relief the court deems just. (wvrecord.com)

Pittsburgh, PA: Frank K. Nethken, 82, a former mayor of the City of Cumberland in Maryland, and his wife Velma, have filed a mass tort asbestos injury claim after Mr. Nethken received a diagnosis of lung cancer on January 30. Mr. Nethken was mayor from 1978 to 1982.

The lawsuit, filed on March 25th, names CSX Transportation as the defendant, and alleges the company exposed Mr. Nethken to products containing asbestos during his working years. The lawsuit claims that Mr. Nethken’s lung cancer diagnosis was a direct result of that exposure.

Frank Nethken worked as a United States Navy ground controller, as a machinist at Cumberland Steel, as a rocket inspector for Allegheny Ballistics Lab, (now ATK Rocket Center in West Virginia), and as a machinist for B&O Railroad. He was exposed to asbestos in all of these positions, the lawsuit alleges. Furthermore, Nethken believes he was exposed to asbestos fiber or asbestos products manufactured, sold, distributed or otherwise placed into the stream of commerce by the defendants.

The Nethkens are seeking damages in excess of $100,000, plus interest, costs and unspecified punitive damages. (pennsylvaniarecord.com)

Pittsburgh, PA: A 92-year–old man has filed a mass tort asbestos claim, alleging he suffers from pulmonary asbestosis as a result of working with products containing asbestos fiber. William J. Filandino and his wife, Edith, claim that on February 14, 2013, William Filandino was diagnosed with pulmonary asbestosis, which causes pulmonary impairment and disability causally related to asbestos exposure and asbestos disease with symptoms, including but not limited to, shortness of breath.

Filandino claims that he was exposed to asbestos during portions of his employment with Nicolet Industries, during which he worked as a spray painter, shipper, dryer, and utility man. The lawsuit also claims he was also exposed to asbestos while performing home improvement work and vehicular maintenance work through the course of his career which included working as a laborer, saw cutter and machinist.

Notably, Filandino states in his asbestos lawsuit that he also served in the United States Marine Corp.,from 1943 to 1945.

The defendants named in the Filandino complaint are: Asbestos Corp. Limited; Bell Asbestos Mines LTD; BNS Co.; Certain-Teed Corp.; DAP Inc.; The Drever Group; Foster Wheeler Corp.; Honeywell International Inc.; IPA Systems Inc.; Keeler/Dorr-Oliver Boiler Co.; Metropolitan Life Insurance Co.; Pep Boys; Union Carbide Corp.; and Weinstein Supply Co. (pennsylvaniarecord.com)

Pittsburgh, PA: Crystal Painter, of Shepherdstown, WV, has filed an asbestos mass tort claim on behalf of her late husband, Timothy E. Painter, who, in April 2010, was diagnosed with asbestos-related lung cancer. Mr. Painter was in his early 50s at the time, lawsuit states.

The lawsuit alleges Mr. Painter’s cancer was a direct result of his exposure to asbestos containing products while working as a trackman and machine operator for B&O Railroad and CSX Transportation in West Virginia from June 1979 to December 1990, and as a signal maintainer for CSX in Maryland from January 1991 to May 2010. The lawsuit, which names CSX as a defendant, said that Timothy Painter might have also been exposed to asbestos at other worksites, although investigation is continuing.

Mrs. Painter is seeking in excess of $50,000 in damages, plus interest and $50,000 in punitive damages on behalf of her late husband. (pennsylvaniarecord.com)

 

Asbestos News Roundup: 3.28.13 – Check your Furnace

March 28th, 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.

Hot Air Furnaces & Asbestos Risk

Hot-air furnaces are a popular way to heat a house. In Canada alone, millions have been sold over the years. However, as one man discovered recently, the older models of these furnaces contain asbestos. While asbestos has been banned from use in furnace gaskets since the 1970s in Canada, and likely the US as well, furnaces purchased and installed before then, could well still be in operation—they have a lifespan of some 50 years or more. As the gaskets disintegrate with time and wear and tear, they can spread asbestos fibers throughout the house, exposing the inhabitants to long-term exposure and potentially fatal asbestos disease including asbestosis and lung cancer—without them even knowing it.

Colinet, NewFoundland: A Canadian man who began renovating his house in Colinet, has had a nasty shock. He discovered that a gasket that acts as a heat shield inside his furnace contains asbestos.

Keith Tremblett, who worked as a mechanic for more than 20 years, could easily have replaced the worn-out part, but thankfully, he thought twice about it.

“In the process of taking it apart and doing the repairs, I was looking at the gasket and I was saying, ‘Jeez, I wonder what material that’s made out of, and should I be concerned here with what I’m dealing with?’ ” he recalled.

Instead of taking unnecessary risks, he contacted the furnace manufacturer, Newmac Furnaces. Sure enough, a company representative told Tremblett that given the age of the unit, the gasket likely contained asbestos and should be replaced.

But the fact that the gasket had virtually disintegrated, and likely did contain asbestos, caused Tremblett deep concern. “All I found was remnants of it,” he said. “It’s not even a full sheet anymore. It’s just remnants of the gasket and most of the material, I would have to assume, is either within the duct work or throughout the house.”

If asbestos fibers are released into the air, they can be inhaled and become lodged in the lungs. Over time, that can lead to asbestosis—which impairs lung function, and is incurable—or a number of deadly cancers including asbestos-related lung cancer.

Tremblett was not happy with the way the manufacturer handled his concern–they simply told him to remove the gasket. “I think they handled it truly unprofessionally,” he said. “Their recommendation to me was to wet it down and remove it.”

According to a report by CBCNews, Health Canada banned asbestos use in furnaces in the early 1980s. But they did not issue a recall or even a public warning about the potential danger. For their part, Health Canada says it has regulated the use of asbestos in Canada since the late 1970s, but that no warnings or alerts have been issued on this specific issue (CBCNews.com).

Instead, the agency says the effects of asbestos exposure are well known and available on its website, and urges anyone who suspects their furnace contains asbestos to have it inspected by a qualified technician.

For Keith Tremblett, this response is sorely lacking. He believes Health Canada should take some responsibility.

Three decades later, asbestos is still posing a clear and present danger, and in this incidence, as the lifespan of a furnace is about 50 years, any number of people could have been lethally exposed to asbestos. (CBC.ca)

Uniondale, NY: Over 100 current and former workers at the Nassau Coliseum in Uniondale are alleging they have suffered long-term exposure to the lethal carcinogen which has made them gravely ill. The plaintiffs in the pending asbestos litigation worked in the arena as carpenters and electricians.

According to a report by Newsday, about 140 people have filed notices of claim, the first step towards filing asbestos lawsuits. CBSNews reports that the lawsuits could be consolidated into an asbestos class action, which would seek between $500 million and $1 billion in compensation. The state will inspect the property to establish whether or not asbestos is present and therefore poses a health threat. However, attorneys for the prospective plaintiffs have not waited for the state inspectors to make their pronouncements. An asbestos lawyer representing a collection of the plaintiffs told CBS 2 that bulk samples have been sent to three separate laboratories, all coming back with dangerous levels of asbestos.

The 41-year old stadium has a rich history, having hosted, among others, Elvis, David Bowie and Queen in concert, as well as being used by the National Hockey League. (CBSNewYork/AP)

Fat Flights: Is Pay-by-the-Pound Coming to Airline Tickets?

March 28th, 2013. By AbiK

We’re not talking baggage here. We’re talking about YOU and those extra pounds of flab you’re lugging around.

There’s an analysis making the media rounds this week, done by economics professor Dr. Bharat P. Bhatta of Sogn og Fjordane University College in Norway. The analysis—an exploratory one, mind you—was published in the Journal of Revenue and Pricing Management and looked at the feasibility and logic of charging airline passengers according to how much they weigh.

It’s a loaded issue. After all, on the one hand, who of us hasn’t sat—scrunched—next to someone whose corpulence edged over the invisible seat boundary into our own personal space? And you’re left thinking, “This is what I paid $600+ for? Six hours of confined discomfort?” Yeah, you know what I’m talking about.

However, on the flip side of course, are those who are larger than a toothpick and, well, isn’t the concept of charging people according to weight a bit discriminatory?

So what’s this analysis all about? You have to take emotion out of the equation for a moment and look at this economically to understand the basis for the discussion. According to CBS New York, the economics are as such…

Bhatta cites an article in The Economist, saying “a reduction of 1 kg (2.2 pounds) weight of a plane will result in a fuel savings worth $3,000 a year and a reduction of CO2 emissions by the same token.”

His arguments stem from the notion that the more weight a plane is carrying, the “stronger an engine is needed and the more fuel it requires to carry” that weight. He also states that additional space is required to accommodate a heavier person.

The end result being a ticket cost that is “not fairly distributed among passengers,” according to Bhatta.

Viewed through that lens, it does cost more to haul more weight through the air—in terms of both cargo and passengers. And, viewed though that same lens (and my scrunched up image above), hasn’t current airline ticket pricing been a bit discriminatory to skinnier passengers then? It’s the classic “it’s your issue, don’t make it mine” argument for equitable or at least non-infringing treatment. And it’s food for thought.

This is not a new discussion. LawyersandSettlements.com has reported on the ‘what to charge fat people’ debate (and I’m not being ugly there—just calling it what it is) before—see our stories on ambulance fees for overweight people and also on overweight people looking for a manicure.

There is no easy or simple answer to this, and the suggestions Bhatta gives for how such a “pay-as-you-weigh” pricing model could be implemented are a bit ludicrous at best. One suggestion—the most obvious—is to charge fares according to actual weight by having a fixed rate per pound (for both “body and bags” as CBS points out).

Can you just envision the weigh-ins at the airport? Would there be curtained-off booths? Would anyone cheer if someone had lost a few pounds vs. their previous flight? (after all, your passenger history would be right there on screen, right?) Maybe Weight Watchers could rent meeting space in the main concourse areas of major airports. Just saying…

Public opinion was divided when John Montone from 1010 WINS in New York interviewed some passengers at Newark Liberty Airport yesterday. While the CBS News online report only shared the thoughts of heavier passengers, who of course were not in favor of such pay-by-the-pound tactics, the live interviews that aired on the radio also included opinion from the thinner set.

Regardless of how you weigh in on the situation (pun intended), somehow I don’t think any airlines will be lining up to implement this one, but you never know…

Best Lawyer Lead Gen Yet: Advertise Next to your Mugshot!

March 22nd, 2013. By AbiK

Why try to brush that bad rap under the carpet when you can capitalize on it—by serving ads for your law firm up to it!

Well, it probably wasn’t the intent of Florida attorney Thomas Lewis Edwards. Heck, he had nothing to do with it really—just a matter of whatever ad company he’s using serving up ads based on web searches for his name.

See, Edwards had the misfortune of being criminally charged with drunk driving and allegedly involved in a hit-and-run accident. Not usually good PR for an attorney. (Note: Edwards is criminal defense attorney.) And, after he posed for the in-house photographer—styled in emerald green stripes (a look that not everyone can pull off, mind you), his mugshot made it online.

From there, thanks to the logic built into the ad server, voila—the ad for his law firm appeared right next to his mugshot. Needless to say, once picked up by Gawker, Reddit and ABA Journal, it went viral. Talk about an endorsement!

The one who’s not mentioned in this but who sort of reaps some collateral damage out of it is Edwards’ partner, Geoffrey Mason. Guessing there were a couple of awkward moments and closed-door sessions at the firm once the screenshot went viral.

According to the Gainesville Sun, upon being asked about the irony of the situation, Mason took in stride and replied, “It is what it is.”

Yeah, it is.

2 Ways Working Over 8 Hours DOESN’T Mean California Overtime Pay

March 22nd, 2013. By AbiK

Ever wonder what non-exempt work situations do NOT qualify for overtime pay? While there are fairly stringent laws and guidelines in place for what requires California employers to pay overtime wages, there are a couple of situations where, as a worker who puts in over eight hours on a given workday, you are actually not eligible for California overtime pay. Let’s take a look at both examples, which are explained in more detail (and a bit more jargon) at the California Department of Industrial Relations DLSE section on their website.

1. Make-up Time.

If a non-exempt employee requests time off that will be unpaid, he/she can “make up” that time and it will not be considered eligible time for California overtime pay so long as these requirements are met:

• The employee may not work more than 11 hours on another work day, and he/she may not work more than 40 hours in the workweek to make up for the time off. The make up time, in effect, is an equal “swap” for the time the employee would’ve normally worked within the same workweek.
• The time the employee missed must be made up within the same workweek.
• The employee needs to provide a signed written request to the employer for each occasion that they want to makeup time.
• Employers cannot encourage or otherwise solicit an employee to request makeup time.

2. Alternate Work Week Arrangements.

It’s common practice in some industries for a non-exempt California employee to work an alternate workweek schedule. One of the most common arrangements involves working a 4-day-a-week, 10-hours-per-day schedule (typically called a “4/10” schedule). Alternate work week arrangements require a formal agreement and adherence to certain California Labor regulations (see DLSE overtime exceptions).

As long as the employer has complied with all regulatory matters, an alternate work week employee is not owed California overtime pay for working more than 8 hours in a workday (due to the alternate work schedule), so long as he/she does not work more than 40 hours during the workweek.

For more information see our California Labor and California Overtime pages.