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Posts by: Steven Kazan

Research Concludes that Children are More Vulnerable to Asbestos Exposure

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asbestos_exposurePeople usually associate diseases related to asbestos exposure with older patients. These individuals may have come in contact with the mineral because of their jobs, or because they lived in a home in which asbestos-containing products were degraded.

However, there’s some research that says it’s possible they were exposed to asbestos as schoolchildren in the 1960s or 1970s. This research prompted the U.K. government’s Committee on Carcinogenicity, or COC, to conclude that children are more vulnerable to the effects of asbestos exposure than adults. This is relevant today because some older school buildings that are still used, both in the U.K. and the U.S., may contain products tainted with asbestos.

Why are children more vulnerable to asbestos?
One question that the COC has been trying to answer for years is why asbestos is so much more dangerous for children than it is for adults. Scientists concluded that age made the difference. You see, most asbestos-related diseases, such as malignant pleural mesothelioma, take years to develop. Children have a greater proportion of their life spans still ahead of them compared to adults, meaning that mesothelioma has more time to take hold in their younger respiratory systems.

Ultimately, a 5-year-old child is 5.3 times more likely than a 30-year-old to develop mesothelioma by the age of 80. The COC released these results in a report on June 7, 2013.

Based on the evidence in front of them, the researchers couldn’t make any conclusions as to whether children were vulnerable because of how immature their bodies are. However, experts from the Children’s Environmental Health Network in Washington, D.C., pointed out that developing children breathe more rapidly and take in more air than adults. Also, young children have a habit of putting their hands in their mouths, which is an easy way for asbestos to enter the body.

Where can you find asbestos in a school?
Asbestos-containing products don’t usually pose any health risks unless they’re damaged, which is when they’re more likely to release mineral fibers into the air. In a school, particularly one that’s been built before the 1980s, asbestos can be found in certain floor and ceiling tiles, spray-applied fireproofing, pipe and boiler insulation, acoustical and decorative insulation, corrugated paper pipe wrap and cement pipes. It’s very important to avoid these products when they’re not in good shape, particularly during construction and renovation projects.

Here’s what Julian Peto, a member of the COC, had to say about the consequences of asbestos exposure in schools during the 20th century.

“It is reasonable to say that something in the order of 100 or 150 deaths per year from mesothelioma in women could in the future be due to asbestos levels in schools up to the 1960s and 1970s,” Peto said in a press release. “It is a reasonable assumption that the same number of males as females are dying of mesothelioma caused by their asbestos exposure at school.”

If you find that you’ve been exposed to asbestos as a child in school, you should consult a lawyer for advice on your legal options.

If you’re a parent or guardian who has concerns about your child’s safety, remember that each school has a designated local education agency that has to train a selected individual to oversee asbestos-related activities on school grounds. He or she has to keep track of inspections and management plans, all of which have to be noted in records that are available for public review. To have a look, contact the school or the local education agency.

Asbestos Exposure on Farms?

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asbestos exposurePeople who live or work in major cities are probably familiar with the hype that surrounds demolition projects. Although destruction is the immediate goal, it cannot be approached haphazardly. A wide perimeter has to be secured to protect nearby buildings and people. Explosives have to be placed strategically to keep the damage self-contained. But before any of that happens, toxic materials need to be removed from the structure in order to minimize the hazards, including asbestos exposure.

The disposal of old farm buildings  isn’t nearly as glamorous, but can involve as much, if not more, careful planning. I recently came across an article in Farm Horizons, a special publication from the Herald Journal in Minnesota. If the owners and managers of farm buildings intend to act responsibly, there are several regulations they need to follow to protect people from asbestos exposure.

Where is asbestos found on a farm?
For centuries, asbestos has been a popular component of building and construction materials. This is because it’s both physically strong and resistant to heat, friction and chemical wear-and-tear.

It would be no wonder, then, to find asbestos present in agribusiness buildings, particularly those that were constructed during the 1960s. The products most likely to contain asbestos include pipe and furnace insulation, shingles, millboard, textured paint and certain types of floor tiles. Asbestos may also be found in spray-on insulation and the brakes of vehicles.

How do farmers need to handle asbestos disposal?
Paul Kimman, pollution control specialist with the Minnesota Pollution Control Agency, told Farm Horizons that farmers have to follow the regulations of the federal National Emission Standard for Hazardous Air Pollutants. When it comes to asbestos, that means having a licensed inspector survey the building and, if needed, hiring a licensed contractor to perform abatement work.

Also, owners need to consult the local authorities about whether they need to express their intention to initiate a demolition project. Certain jurisdictions require notification within a certain time frame before the demolition.

The asbestos that gets removed during abatement can either be taken to a facility that’s approved for asbestos disposal or buried on site within jurisdictions that allow it. However, the latter method comes with even more rules to follow.

Farmers also have the option to bury the waste from an entire building on site, provided they first go through the permit by rule process. This comes with several regulations, including restrictions from wetlands, floodplains, rivers, lakes, ponds and the groundwater table. Also, a permit by rule process forbids the burial of asbestos and household waste. These hazardous substances need to be recycled or disposed of as required by local regulations.

Besides burial, farmers and building owners can obtain burning permits from the local fire warden, or even arrange for the fire department to use the property for practice burns.

Experts from the Environmental Working Group estimated that asbestos-induced diseases, including malignant mesothelioma and lung cancer, claim 9,900 lives in the U.S. every year. Asbestos exposure can happen if your job requires you to handle the material, or if the soil surrounding asbestos-laden buildings that undergo renovation or demolition become tainted with mineral fibers. These fragments can attach themselves to people’s clothes or animals’ fur.

This is why it’s incredibly important that building and property owners act responsibly about asbestos exposure when it comes to demolition.

Asbestos Exposure from HVAC Systems is not Always Clear-Cut

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asbestos_exposureFor almost 100 years, scientists have been aware of the link between asbestos exposure and several deadly respiratory diseases. The widespread use of the mineral in construction during the 20th century has left asbestos-containing materials in many older private homes and commercial buildings. However, awareness of what products may be tainted – ceiling tiles, shingles, insulation and others – can protect inhabitants, who are generally safe as long as they leave these materials undisturbed.

But what happens if asbestos fibers break off these materials? If they become airborne, you’re more vulnerable to the potential negative health effects of asbestos exposure. If the fibers enter your building’s heating, ventilation and air conditioning system, the risk can be even greater.

Asbestos use has a long and lengthy history
Although we know today that asbestos exposure can lead to malignant diseases, this was certainly not common in the time of ancient Greece. Experts from Indoor Environment Connection say that back then, people used the material for candle wicks and matrix binders for ceramic. Fast forward to the Industrial Revolution, and we see asbestos appearing in a wider range of products, including water pipes, roofing shingles and electrical wire insulation.

Asbestos was highly regarded for physical properties that made it resistant to heat, electricity and chemical wear and tear. However, during the early 20th century, scientists began to make connections between the mineral and diseases such as asbestosis. Although there have been several government efforts to curb the use and production of asbestos, industry stakeholders successfully derailed most of these efforts. As a result, asbestos is still allowed in the manufacturing of several products in the U.S., including cement sheets, roofing materials and vinyl floor tiles.

How can asbestos enter HVAC systems?
In 1993, experts estimated that about 20 percent of public and commercial buildings had asbestos-tainted products. If any of these items are disturbed and release mineral fibers into the air, the level of risk may be compounded by certain energy conservation efforts. Specifically, central air conditioning and inoperable windows promote air recirculation. If there’s asbestos in that air, people who enter the building may be in danger.

This is what experts from Indoor Environment Connection had to say:

“Determining whether building HVAC components are contaminated with asbestos can be exceptionally obvious or exceedingly difficult. In buildings where fireproofing was sprayed onto structural metal framing or into HVAC systems because of incomplete duct installation, the source of asbestos fibers is obvious. Unfortunately, it is often not simple. HVAC system component contamination that occurred during original construction is often hidden.”

If you’re curious about where asbestos may be present in your building, contact the owner or manager, and ask to see the Operations and Maintenance program. This should contain instructions on how to safely isolate and maintain asbestos-containing materials.

It’s not always clear whether a product contains asbestos. Samples of the item can be collected for laboratory analysis, but the collection should only be performed by a trained expert.

In case your building’s HVAC system is contaminated with asbestos, professional cleaners can be hired to take care of it. This is usually done with specially designed vacuum cleaners that are equipped with HEPA filters.

Every year, asbestos-related diseases claim the lives of more than 9,900 individuals in the U.S. These numbers will increase for the next 10 years or so. Remember that if asbestos is present in your building, don’t panic. You’re safe as long as it’s in good condition.

But that doesn’t mean you have to accept the situation. If you’re concerned about being exposed to asbestos all around you, contact your lawmakers and let them know how you feel about continued industrial use of the mineral.

Scientists Rejuvenate Immune System to Attack Mesothelioma

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mesothelioma researchOne of the dangers of asbestos-related diseases, such as malignant mesothelioma, is that you may not know you’re sick until you develop symptoms. This process can take between 20 and 50 years, and by the time you notice problems, most treatment options are limited to palliative care.

The long latency periods of these diseases mean that many patients are advanced in age. Scientists think this may be a problem because the cells of the immune system behave differently as people age, and this may not be helpful in cases of cancer.

But what if scientists could somehow reverse the aging process of these immune cells? Researchers from Australia may have succeeded in doing that very thing.

How does the immune system work?
Your immune system is quite a powerful weapon, designed to protect your body from bacteria, fungi and viruses. These cells are also tasked to scavenge and clean up injured or damaged cells, including cancerous cells. Experts say that if the immune system turned against us, we wouldn’t stand a chance.

So how exactly does the immune system work? There are two main types of cells:

  • Phagocytes are cells that “eat” potentially harmful matter, such as pathogens and damaged cells. Granulocytes, dendritic cells and macrophages are all considered phagocytes. Macrophages in particular are known for eating larger matter
  • Lymphocytes are white blood cells that “learn” to recognize different types of harmful cells so they can attack them more effectively. They can identify viruses, bacteria and cancer cells. B-cells and T-cells are both considered varieties of lymphocytes.

The different parts of the immune system usually work together. For example, macrophages not only eat harmful matter, but they also put the other cells of the immune system on alert in case there’s some type of infection.

Researchers make old cells young
Researchers from Australia’s Curtin University theorize that cancer is particularly prevalent among older individuals because their macrophages become less active, and therefore cannot help the immune system kill off malignant cells. They say this may be especially true of mesothelioma and lung cancer.

This concept also led them to explore what would happen if they could make the macrophages of older individuals act like those of younger subjects. For their experiment, they looked at young and old mice, both groups of which were initially healthy. After the scientists exposed them to mesothelioma cells, they noticed the immune systems of the older mice were more sluggish to respond. However, after the researchers treated them with a certain drug, the macrophages of the older mice became active and helpful again.

Scientist Connie Jackaman had this to say to Science Network in Western Australia:

“Immune dysfunction is not permanent and in fact can be restored to function similarly to a young immune system. The public may be interested to know that as they get older it is not necessarily all downhill. The next step for our research group is to see if we can target macrophages in a live model and induce tumor regression in elderly immune systems.”

In the U.S., more than 7,300 individuals die every year because of malignant mesothelioma or asbestos-induced lung cancer. The long latency periods of asbestos-induced diseases mean that their incidence probably won’t peak for another 10 years or so. This is true for the U.S., the U.K. and Australia.

These trends are what motivate scientists in their search for a cure for asbestos-related diseases, and they’re what motivates us at Kazan Law to keep fighting for our clients.

Illinois Museum Honors Workers Who Died from Asbestos Exposure

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asbestos exposureAll over the world, survivors of asbestos exposure often feel anger toward the irresponsible parties whose actions caused them to develop deadly diseases. It’s never a good idea to hold these feelings inside. If you want to share your story with the public, you can find a way.

In Illinois, the residents of McLean County are remembering how one factory devastated the area with asbestos exposure. They found a particularly constructive way to vent their anger and frustrations: In preparation for a 2015 opening, organizers of the McLean County Museum of History are curating an exhibit titled “A Deadly Deception: The Asbestos Tragedy in McLean County.”

Project acknowledges tragedy while memorializing victims
One of the highlights of the exhibit is the history of the Union Asbestos and Rubber Co., or UNARCO. The plant, located in Bloomington, was operational between 1951 and 1972. During this time, more than 100 employees developed asbestosis, which was likely a consequence of occupational exposure to asbestos.

Ron Thacker, a minister who used to work at UNARCO, told The Pantagraph that the company required workers to undergo annual chest X-rays. He initially thought UNARCO was being helpful to employees, but he eventually realized that once the company found signs of illness in workers, it would find a way to let them go.

Thacker himself used to process asbestos through a grinder. His father and brother both used to work at the plant as well. Thacker lost his father to asbestosis in 1977, followed by his brother in 1981, who had the same disease.

In 2007, Thacker was also diagnosed with asbestosis. That year, he prayed that if he lived a little longer, he would share his story with the world. Today, he’s working with Mike Matejka, a guest curator at the McLean County Museum of History. For the last three years, Matejka has been organizing the asbestos exhibit and gathering the names of UNARCO workers who died from occupational asbestos exposure.

Here’s what Matejka told the news source about his work:

“It’s a catastrophe that didn’t happen just one day; there have been multiple slow deaths over decades of intensive suffering. This exhibit is important to remind ourselves … to honor the workers and families; to look at the larger social questions … to ask what’s still going on out there now with the emerging technology …”

So far, Matejka has gotten hold of 104 names, and plans to create collage books to honor each victim.

Disease claims nearly 1,400 lives every year
Asbestosis is just one deadly disease related to asbestos. Every year, around 1,398 individuals in the U.S. succumb to this illness. Unlike malignant pleural mesothelioma, which affects the lining of the lungs, asbestosis strikes the lungs themselves. Symptoms include pain and tightness of the chest, coughing, difficulty breathing, clubbing of the fingers and nail abnormalities.

Much like mesothelioma, there is no cure for asbestosis.

The callousness that UNARCO showed toward its workers is disgusting. If you feel you’ve been hurt in a similar way, remember that you have a right to be heard, and my partners and I at Kazan Law are more than happy to make sure that you have a voice. Once we share your truth with the world, no one can take that away from you.

Firefighters’ Risk of Asbestos Exposure

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asbestos exposure firefightersWhenever people think of jobs associated with the dangers of asbestos exposure, positions in construction, automotive repair or work on shipyards often come to mind. But what about firefighters’ risk of asbestos exposure?

Unfortunately, these emergency response workers can be very vulnerable to asbestos on the job. As if it weren’t enough that they have to save people from buildings set ablaze, they also have to worry about breathing in asbestos fibers that break away in a burning wreckage.

Recently, I read a story from Nexstar Broadcasting about one former firefighter and 911 operator in Maryland who’s dealing with the repercussions of such a hazard, as he’s battling sarcomatoid mesothelioma.

Patient’s disease reaches his brain
Beginning at age 16, Bill Wiegel worked for several years as a firefighter. Although he’s been a 911 operator for the last 24 years, he’s still reeling from the health effects of his former job.

Wiegel’s daughter, Merry Meyer, had this to say to the news source about her 66-year-old father:

“Mesothelioma comes from asbestos. And asbestos was around in the ’60s and ’70s, which was the peak time Dad was joining the fire service.”

What makes Wiegel’s case more worrisome is the fact that the cancer metastasized to his brain, which is a rare occurrence. To help pay for his chemotherapy at Johns Hopkins Hospital, his family is asking the community to come together at several fundraisers, including an event on June 29.

They also hope that the community will remember how Wiegel dedicated himself to service for nearly 50 years.

Where does the danger of asbestos come from?
Asbestos was a common component of construction materials that were used before the 1980s. In fact, it’s still allowed in the manufacturing processes of certain products today.

When it comes to the burning buildings where firefighters have to battle, asbestos can be found in roofing materials, shingles, vinyl items, furnace door gaskets and insulation products. Mineral fibers can easily break apart and become airborne during a blaze and when firefighters spray materials down with high-powered hoses.

Because asbestos has fireproofing qualities, some outdated models of helmets and coats used by firefighters may be tainted by the material as well.

What can firefighters do to protect themselves?
It may seem obvious, but a wreckage should be wet with water as a protective measure. Doing so will minimize the risk that asbestos fibers will become airborne.

A self-contained breathing apparatus, or SCBA, may be sufficient to protect firefighters from airborne mineral fibers. This is important to remember because these devices aren’t worn for all segments of a firefighting operation. During such jobs, firefighters also need to remember how to use proper venting and entry techniques.

As with any job where exposure to asbestos is a risk, firefighters have to be mindful of mineral fibers attaching themselves to their clothing. Experts say that in case this happens, firefighters and supervisors need to follow certain procedures:

  1. Remove the clothing and equipment and isolate them in plastic bags.
  2. Collect samples from the wreckage site for laboratory analyses for asbestos.
  3. Clean all protective clothing and equipment according to the regulations published in NFPA 1851.
  4. Collect additional samples from the clothing and equipment for retesting after they’ve been cleaned.

Considering how strong the evidence connecting asbestos to deadly diseases is, it’s appalling that firefighters still have to deal with the risk of exposure. If anything, this just underscores the need for government officials to ban all use of the material, and reminds us to be grateful for the rescue workers in our communities.

New Hampshire Voices Win Over Asbestos Exposure Threat

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recycling plantDespite more than 70 years of research linking asbestos exposure to the development of several potentially deadly diseases, certain industry stakeholders just don’t understand how justifiably fearful and angry consumers become when talking about the material. That’s why, every now and then, it makes me happy and proud to come across a story of everyday people expressing their voices and demanding to be heard.

What’s even better is when someone listens.

Recently, I followed a story from The Telegraph in New Hampshire, where the residents of the city of Nashua became angry about a proposal to establish an asphalt shingle recycling and grinding operation. Among their worries was the possibility of asbestos exposure.

Neighbors come together
The proposed site of the operation was the facility at Scrap Metal Inc., a salvage and recycling plant. Although residents received letters that the head of the facility applied for permits for the project, they got upset when they learned about the Zoning Board of Adjustment hearing through the newspaper. Once that happened, they decided to gather at the meeting to express their opinions.

Neighbors told the news source about several concerns they had. Specifically, they were worried about the additional traffic burden that would come from trucks delivering asphalt shingles, and they were scared about the possibility of the shingles releasing asbestos fibers into the air.

At the Zoning Board of Adjustment meeting, 150 residents showed up. After listening to the concerns of the people, the board concluded that the proponents of the operation were unable to provide enough reassurance about the project’s impact on traffic, noise levels and environmental health. Ultimately, the proposal was rejected.

Resident Cindy Gallien had this to say about Scrap Metal Inc. owner Ansel Grandmaison:

“We’re not trying to stop him from running his business, we’re just trying to save our lives.”

What is the danger of asphalt shingles?
Asphalt shingles are valuable for recycling because they can be reprocessed to manufacture pavement materials and new roofing materials. However, between 1963 and 1977, three of the largest manufacturers of shingles in the U.S. sold products that contained asbestos fibers.

Normally, asbestos isn’t a health hazard as long as it’s not disturbed. Shingle recycling definitely has the potential to disturb asbestos fibers. Many of the shingle manufacturers weren’t forthcoming about how much asbestos they used because they didn’t want to get sued, so recycling businesses today need to be aware of when and where certain shingles were produced.

If you live near a facility that recycles asphalt and you’re worried about asbestos dust entering your home, be sure to follow these tips:

  • Remove your shoes before entering your house so that you don’t track dirt inside. Also, place doormats outside of each entrance.
  • If you allow pets outside, be sure to clean their fur and feet before letting them back in.
  • When dusting, use a wet rag.
  • Clean uncarpeted floors with a wet mop. To clean carpet, use a vacuum cleaner equipped with a HEPA filter.
  • If you have area rugs, wash them regularly.
  • When walking, biking or driving outside, stick to paved surfaces.
  • When your kids play outside, allow them to play on covered surfaces only. That includes grass, asphalt, wood chips, pea gravel and rubber.

Knowing that the residents of Nashua refused to tolerate the threat of asbestos exposure is inspirational to us at Kazan Law. It shows what everyday people can accomplish if they band together and raise their collective voice.

Jury Awards $27.3 Million in California Household Asbestos Lawsuit

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Martin and Rose-Marie Grigg

Martin and Rose-Marie Grigg

On June 5, 2013, an Oakland jury completed its award to plaintiffs Rose-Marie and Martin Grigg of a total of $27,342,500 in compensation stemming from Mrs. Grigg’s asbestos-caused mesothelioma.  Mrs. Grigg, now 82, was exposed to asbestos in the course of shaking out and washing her husband’s work clothing. Mrs. Grigg’s then husband was an insulator for a company that used Owens-Illinois, Inc. Kaylo brand insulation products from 1950-1958.

Mrs. and Mr. Grigg were represented by Joseph D. Satterley, Andrea Huston, Ryan Harris and Michael Stewart of Kazan, McClain, Satterley & Greenwood.

Evidence introduced during trial showed that Owens-Illinois, Inc. knew that asbestos exposure could cause death as early as the 1930s and that test results on Kaylo showed that exposure to the asbestos in the product could cause fatal disease.

Owens-Illinois nonetheless advertised Kaylo as “non-toxic” and did not state that the product contained asbestos. Kaylo was packaged in boxes without warning about the health hazards associated with asbestos exposure.

“If we live in a society where product manufacturers are not held responsible for products once those products leave their possession, the world we live in is a dangerous place,” Mr. Satterley said to the jury as he asked them to find justice for Mrs. and Mr. Grigg.

The jury found that Owens-Illinois, Inc. manufactured a defective product, failed to adequately warn Mrs. Grigg, was negligent, and intentionally failed to disclose information about Kaylo-related health hazards to Mrs. Grigg.  The jury also found that Owens-Illinois, Inc. acted with malice, oppression or fraud toward Mrs. Grigg.

The jury awarded Mrs. Grigg $12,000,000 in damages for her pain and suffering, Mr. Grigg $4,000,000 in damages for his loss of consortium, and $342,500 in economic damages. The jury also levied an $11,000,000 punitive damages verdict against Owens-Illinois, Inc.

Keeping Asbestos Abatement Honest

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asbestos abatementI was disturbed to read a story in the Chicago Tribune about an Illinois school district that got in trouble with the law for keeping inaccurate records on asbestos abatement. These incidents may have needlessly put students and faculty at risk of deadly diseases such as malignant mesothelioma.

One teacher is looking for answers
In 2006, the Elm Place, Sherwood and Indian Trail schools of North Shore School District 112 were conducting asbestos abatement projects. However, the jobs were put on hold in the middle of 2007, when the state’s Department of Public Health found violations within the schools’ record keeping practices.

Although the abatement work resumed one month later, Steve Bartel, who teaches fifth grade at Lincoln School, still has questions. He told the news source that he’s worried the asbestos abatement work in 2006 that took place in other schools may have had shoddy record keeping as well.

Bartel has made several impassioned appearances before the school board demanding answers. When he didn’t get them, he filed Freedom of Information Act requests, which also went without a response.

“I can’t understand how they can be so insensitive to people having been exposed to fibers that are linked to asbestosis and mesothelioma,” Bartel told the Chicago Tribune. He also revealed that he had been professionally reprimanded for his actions.

Meanwhile, officials with the school district are reassuring parents that all the asbestos abatement work is conducted by specially trained and licensed professionals, and that air analyses to test for asbestos fibers are conducted by separate contractors. Ultimately, they claimed that no one was harmed throughout this whole process.

Where can asbestos lurk in my child’s school?
It’s important to remember that asbestos doesn’t pose any health hazards as long as it’s left intact. Still, all people, including children, should be aware of the presence of asbestos so they know to avoid it.

When it comes to schools, asbestos is most likely to be used for insulation, flooring and ceiling tiles, cement pipes, corrugated paper pipe wrapping, decorative insulation and spray-applied insulation. The school should have a record of where these items are on campus, and let people know that they’re not to be disturbed.

Schools also need to conduct regular inspections and have a management plan – all of which need to be documented in records that are available for public review.

Don’t give up until you get the answers you need
Experts estimate that every year in the U.S., asbestos-related diseases claim nearly 10,000 lives. Asbestos exposure is clearly no joke, and should be taken seriously by everyone.

That’s why we find this story appalling on several levels. Not only did the school districts fail to maintain accurate and trustworthy records, but they also may have put their teachers and students at risk.

If you have concerns about your child’s school, contact the local education agency and ask to speak with the person who’s designated to handle asbestos-related activities.

Building Demolition Could Put Locals at Risk of Asbestos Exposure

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asbestos_exposureBuilding demolition can stir a lot of different emotions. If the building to be torn down was a beloved space, such as a movie theater, you, as a spectator, may feel grief. If the space is the future home of a business filled with promise, you may be filled with anticipation.

However, if the companies in charge of the demolition try to cut corners, they may put you and others near a demolition site in danger of asbestos exposure – and believe me, there are people out there who are this unscrupulous.

Recently, I came across a story in the News-Messenger in Ohio, where the owner of a demolition company was sent to prison for not minimizing the potential of exposure to asbestos at job sites in two states.

Where is asbestos found in these buildings?
By the mid-1970s, asbestos was found in more than 3,000 industrial and commercial products. Because of its physical properties, it had been highly regarded as insulation, fireproofing material and for its capacity to strengthen cement products.

Although new uses of asbestos have been banned in the U.S. for about 20 years, it can still be found in vermiculite insulation, old piping insulation, vinyl flooring, roofing shingles, siding and other products.

Typically, asbestos doesn’t pose any risks to people nearby as long as it’s intact.

Demolition company violates clean air laws
Rick Hassinger of the Ohio Environmental Protection Agency told the News-Messenger that before a building is torn down, all of the asbestos has to be removed properly by trained professionals. That wasn’t the case with one demolition job in Toldeo, Ohio.

Prior to tearing an elevator factory down, managers from H & M Demolition, a Michigan-based firm, declared the Toledo building free of asbestos. This aroused suspicions in federal EPA investigators because most older buildings have asbestos-containing products. Indeed, building surveys from 2004 and 2005, prior to the demolition, noted the presence of asbestos.

When investigators paid a visit to the site, they found what appeared to be asbestos. The owner of the demolition firm was subsequently charged with violating clean air laws in both Ohio and Michigan, and he was sentenced to 13 months in prison.

Robert Cheugh, a prosecutor with the Ohio Attorney General’s Office Environmental Enforcement Section, told the news source that, unfortunately, cases like this are becoming increasingly common because of urban renewal projects.

How are people protected?
Hassinger said that it’s safe to assume that any building to be demolished contains asbestos. With that in mind, building owners and operators have to notify the appropriate state agencies before beginning a demolition project. Federal clean air laws have requirements dictating how asbestos has to be handled, transported, contained and disposed of during a demolition job.

If you live or work in a building and you’re unaware of its asbestos status, contact the managers or owners and ask them about their operations and maintenance program.

Experts estimate that more than 9,900 individuals in the U.S. die every year because of asbestos-related illnesses, including malignant mesothelioma and lung cancer. One of the dangers of asbestos is the fact that it’s odorless. Additionally, many of the mineral fibers are too small to be seen by the naked eye. This makes it hard to tell whether you’re in immediate danger of breathing in the fibers.

The fact that demolition companies try to shirk their duty to protect the public from asbestos is appalling to us at Kazan Law, and we think that consumers deserve better protection.

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