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.
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
Pittsburgh, PA: Frank Kozlowski and his wife, Marie, of Melbourne Beach, Fl, have filed a short-form complaint in the master asbestos litigation docket in Philadelphia on April 26 against 17 companies that they allege are responsible for exposing Frank to asbestos dust and fibers. This exposure, they plaintiffs claim, is responsible for Frank’s recent lung cancer diagnosis.
According to the lawsuit, Frank Kozlowski was a pack-a-day smoker from 1957 to 2006, and was diagnosed as having lung cancer by his Florida physician on Januray 21, 2013.
Mr. Kozlowski worked as a laborer from 1959 to 1962, at the Portsmouth Naval Yard in New Hampshire from 1963 to 1967, and as an auto worker at Ed Roth & Sons in Glassboro, NJ, in 1968, the complaint states. The suit also states Frank did additional automobile work throughout the 1970s, and spent time working at both the Bremerton Naval Yard and Naval Station Norfolk during the early-to-mid 1960s.
The following defendants are named in the complaint: Air & Liquid Systems Corp., Aurora Pump Co., Borg-Warner Corp., Byron Jackson Pumps, CertainTeed Corp., Dana Companies LLC, Foster Wheeler LLC, General Electric Co., Georgia Pacific LLC, Honeywell International Inc., IMO Industries Inc., Maremont Corp., Metropolitan Life Insurance Co., Owens-Illinois Inc., Pneumo Abex LLC, and Warren Pumps LLC.
The Kozlowskis are seeking damages as set forth in the master asbestos litigation at Philadelphia’s Common Pleas Court. The case ID number is 130404113. (pennsylvaniarecord.com)
Charleston, WV: 48 companies have been named as defendants by a couple who allege they are responsible for the husband’s diagnoses of lung cancer and asbestosis. On September 12, 2011, Kenneth Joseph Morris was diagnosed with lung cancer and asbestosis on April 30, according to their asbestos lawsuit. The Morrises claim the 48 defendants exposed Kenneth Morris to asbestos-containing products during his employment as an electrician from 1964 until 2001. According to the lawsuit, Morris smoked cigarettes for 30 years, but quit in 2001.
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, and certain defendants are also being sued as premises owners and as Kenneth Morris’ employers for deliberate intent/intentional tort.
The 48 defendants in the suit include: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations Inc.; Buffalo Pumps Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulcan Inc. Kanawha Circuit Court case number: 13-C-924 (wvrecord.com)
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.
On April 1, 2013, as part of National Asbestos Awareness Week, the US Surgeon General, Dr. Regina Benjamin, issued a statement concerning asbestos exposure. In short, the message is that there is no safe level of asbestos exposure.
In fact, the statement notes “that anyone who disturbs asbestos is at risk. However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work. The hazard is also very real to home handymen, first-responders, and community volunteers.”
Veterans who served in any of the following occupations may have also been exposed to asbestos: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, manufacturing and installation of products such as flooring and roofing.
Additionally, veterans who served in Iraq and other countries in that region could have been exposed to asbestos when older buildings were damaged and the contaminant released into the air.
The Surgeon General’s statement explains that asbestos exposure can happen from activity that disturbs asbestos, making the asbestos fibers airborne. Inhaling these fibers leads to asbestos-related diseases. Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart; and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs. Specifically:
Asbestosis – Scarring of lung tissue that causes breathing problems, usually in workers exposed to asbestos in workplaces before the Federal government began regulating asbestos use (mid-1970s).
Pleural plaques – Scarring in the inner surface of the ribcage and area surrounding the lungs that can cause breathing problems, though usually not as serious as asbestosis. People living in areas with high environmental levels of asbestos, as well as workers, can develop pleural plaques.
Cancer – The two types of cancer caused by exposure to asbestos are lung cancer and mesothelioma, a cancer of the thin lining surrounding the lung (pleural membrane) or abdominal cavity (the peritoneum). Mesothelioma is a rare form of cancer usually caused by asbestos exposure.
Charleston, WV: Wayne Junior Rider, who was diagnosed with an asbestos related lung injury on January 28, 2012, has filed an asbestos lawsuit naming 55 companies he alleges are responsible for his illness.
In his lawsuit, Rider claims the defendants exposed him to asbestos and/or asbestos-containing products during his employment at various work sites in and around West Virginia from 1944 until 1980.
Rider is suing the defendants 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.
Certain defendants are also being sued as premises owners and as Rider’s employers for deliberate intent/intentional tort, according to the lawsuit.
The 55 defendants in the suit include: 3M Company; A.C.F. Industries; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; CBS Corporation; Certainteed Corporation; and Cleaver-Brooks Company, Inc. (wvrecord.com)
Jefferson County, TX: Ann Skelton, the recent widow of Robert Skelton, has filed an asbestos lawsuit naming E.I. DuPont De Nemours as the defendant. In her lawsuit, Skelton claims the company exposed her late husband to asbestos throughout the course of his career, and that exposure subsequently led to the illness which caused his death.
According to the lawsuit, DuPont employed Robert at its Beaumont Works facility, where he was exposed to asbestos containing products.
The lawsuit alleges that as a result, he developed lung cancer, “from which he died a painful and terrible death on February 6, 2013.”
The defendant is accused of using benzene products without warning workers of the health risks and failing to take proper safety precautions. Skelton alleges the defendant acted with malice, entitling her to exemplary damages. (setexasrecord.com)
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.
Unfortunately, asbestos was used in countless products, including automotive parts such as brake linings and clutch facings, from the 1930s until the 1980s. It is still used today in many products like car brakes, according to the Environmental Protection Agency (EPA).
According to an EPA document entitled “Guidance for Preventing Asbestos Disease Among Auto Mechanics”, “Millions of asbestos fibers can be released during brake and clutch servicing. Grinding and bevelling friction products can cause even higher exposures. Like germs, asbestos fibers are small enough to be invisible and they can remain and accumulate in the lungs.” This can cause asbestos disease such as asbestos mesothelioma, and this is what happened Gregory Hope, below, who recently filed an asbestos lawsuit.
St. Louis, MO: Gregory C. Hope worked in automotive maintenance, and as an electrician between 1961 and 1979. During that time he alleges in his recently filed asbestos lawsuit, that he was exposed to asbestos fibers, without his knowledge, without appropriate protective clothing and without an understanding of the serious health consequences of asbestos exposure. He has developed mesothelioma and has filed an asbestos lawsuit.
Martin L. Tune alleges he developed lung cancer after his work as a machinist and as an auto mechanic and home repairman from 1963 until 1979.
Kirkland Holcomb has filed an asbestos lawsuit alleging he developed mesothelioma after his work as a draftsman and salesman at various locations from 1965 through 2011.
Robert D. and Rosalina Cousineau have filed an asbestos lawsuit claiming that allege Robert Cousineau developed lung cancer as a result of working as a carpenter, drywaller and construction worker at various locations from 1963 until 2005. (madisonrecord.com)
Manhattan Beach, CA: While the American Cancer Society has linked asbestos exposure to lung cancer as well as mesothelioma, it now appears that asbestos exposure is linked to other serious, life-threatening conditions. According to a new British study, recently published in the Journal of Occupational and Environmental Medicine, people exposed to asbestos had a higher death rate from ischemic heart disease.
The study reviewed records of workers who were exposed to asbestos between 1971 and 2005. Researchers found that those exposed were 63% more likely to die of a stroke, in addition to developing cardiovascular disease.
As a result, experts believe millions of workers and their families may have been exposed to the material. The Centers for Disease Control (CDC) estimate approximately 3,000 people each year are diagnosed with mesothelioma.
The companies that mined, manufactured and sold asbestos, or used it in their products, are liable for the damages caused to those who have developed serious illness like mesothelioma. (digitialjournal.com)
Beginning October 1, 2012, asbestos remediation workers in Maryland will be facing a fine five times larger than the maximum amount currently allowed by law for violating any environmental laws relating to asbestos in the state.
Leaders of the Laborers’ Health and Safety Fund of North America (LHSFNA) say this new fine, a maximum of $25,000, is setting a standard all states should follow.
Collected fines will be deposited into the Asbestos Worker Protection Fund, which was created by the new law. The proceeds will be used to increase asbestos outreach and stronger enforcement of asbestos-related environmental laws.
According to recent report published in the LHSFNA June 2012 e-newsletter, many asbestos contractors in Maryland have taken shortcuts with asbestos abatement projects in order to underbid their competition, who may be doing their job correctly.
According to the Centers for Disease Control and Prevention (CDC), “When handled, asbestos can separate into microscopic-size particles that remain in the air and are easily inhaled. Persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer, and mesothelioma.”
Despite laws against its use in construction in the United States, asbestos is still found in many buildings, especially those built from 1935 to the 1970s. (webwire.com)
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.
According to a 2009 report in the British Journal of Cancer, and reported by the BBC, carpenters, electricians and plumbers born in the 1940s and working in the UK are at increased risk for asbestos-related lung cancer mesothelioma. The stats are not good — 1 in 17 carpenters will die of the asbestos-related disease, the researchers predicted, and 1 in 50 plumbers and electricians, as well as 1 in 125 construction workers will also become fatally ill.
The researchers interviewed 1,400 healthy people and more than 600 patients with asbestos mesothelioma. The lifetime risk of asbestos-related disease was calculated among workers exposed to asbestos for more than a decade before the age of 30.
While these results do not reflect the incidence in the US, it nevertheless makes the point that men who work in trades such as carpenters, electricians and plumbers are at higher than normal risk for asbestos exposure, illness and related death, due to working with asbestos-containing building materials.
Charleston, WV: Eight separate asbestos lawsuits have been filed in West Virginia, by 14 individuals who all allege they were unknowingly exposed to asbestos through their work. All the plaintiffs have various asbestos-related lung injuries.
James W. Cronin and Margaret Ann Cronin; Paul E. Herstine; Joseph L. Kolakowski and Delores R. Kolakowski; Shirley I. Quinn and David L. Quinn; George P. Schmidt Jr. and Ann S. Schmidt; Tim Watts and Nita Watts; Aubrey L. Woodward and Lydia J. Woodward; and Lawrence C. Yeater, executor of the Estate of Robert R. Yeater, deceased, are the plaintiffs, according to eight lawsuits.
James Cronin, Joseph Kolakowski, Shirley Quinn, George Schmidt, Tim Watts, Aubrey Woodward and Lawrence Yeater were diagnosed with asbestosis and lung cancer and Herstine was diagnosed with asbestosis, all resulting from asbestos exposure.
The asbestos lawsuits claim the defendants caused negligent exposure to asbestos, and failed to warn of Read the rest of this entry »
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.
Medical researchers at the University of Nebraska and Duke University have found an association between asbestos-related diseases and the incidence of lung cancer among people who work at asbestos textile mills.
The study, published this May in the journal Occupational and Environmental Medicine, tracked 6,100 workers employed at textile mills that used asbestos in South and North Carolina between 1954 and 1973. The employees’ health and vital status were tracked. Using historical dust samples, the researchers also estimated the size of asbestos fibers which the workers were exposed in the mills.
The study showed that the textile workers who were exposed to asbestos fibers—no matter what the size or diameter—had an increased risk of developing lung cancer. Interestingly, the data showed that the risk of lung cancer increased with the length of the asbestos fibers, so the longer the fiber, the greater the risk for lung cancer. The study supports the hypothesis that asbestos-related lung cancer is associated most strongly with exposure to long, thin asbestos fibers. (Occupational and Environmental Medicine)
BNSF is facing an asbestos lawsuit brought by two former railroad employees who allege they developed asbestos-related disease from exposure to asbestos-containing products while working for the Railway. Both men have asbestos-related lung disease.
In their lawsuit, William Schleicher and Frank Cox accuse the railroad of negligence and failing to provide them a safe place to work, as required by federal law.
According to their attorney, Cox was a boilermaker and Schleicher a blacksmith. Their main exposures were at the West O Street yards. Schleicher was in a reclamation plant that salvaged materials, and Cox was in a heating plant. Schleicher started work in 1943 at age 16, and Cox in 1968. They are seeking a jury trial and damages.
BNSF spokeswoman Suann Lundsberg said: “The claims filed are from former employees who have not worked for BNSF or one of its predecessor railroads for more than a decade. BNSF is currently reviewing the case and will respond through the legal process.” (journalstar.com)
Bridgeport, CT: A $2.4 million settlement has just been awarded in an asbestos lawsuit brought by the family of Hannibal “Scottie” Saldibar, a tile setter from New Haven, who died after contracting an asbestos-related cancer.
Saldibar, who was 84 when he died, worked as a tile setter for 30 years. He passed away in January 2010, just nine months after being diagnosed with asbestos mesothelioma.
According to a report by the CT Post, a Superior Court jury deliberated about three hours Tuesday before finding the Tile Council of North America liable in Saldibar’s death, and awarding his family $1.6 million. Judge Dale Radcliffe then ordered the association to pay an additional $800,000 in punitive damages.
Although it is a trade association, Kenney said Tile Council of North America developed the asbestos-containing mortar used by tile setters for many years. (Ctpost.com)