Automotive Brake Specialists Need to be Mindful of Asbestos Exposure

Posted on November 8, 2012 by Steven Kazan

Use of asbestos in the U.S. reached its peak during the 1970s. The material appeared in such a wide range of products, asbestos exposure was a hazard that followed everyday people everywhere, from the insulation in their homes to the vermiculite in their gardens.

As if that weren’t enough, try to imagine having a job in which you had to work with asbestos on a regular basis. To this day, asbestos exposure is still a risk for individuals who work in certain sectors, such as construction.

At Kazan, McClain, Satterley, & Greenwood we do everything we can to educate people about how to avoid asbestos, particularly if they have regular contact with the material. One group of professionals that may be particularly at risk is automotive brake specialists.

Asbestos Exposure and the Regulation of Brake Parts

The physical properties of asbestos once made it a popular component of car brakes in the U.S. However, growing awareness of the relationship between asbestos and potentially fatal diseases such as malignant mesothelioma is driving a phase-out of the material from car brakes.

One team of researchers from California conducted a study in order to determine how many cars had brakes that were made with asbestos. For the experiment, they collected samples of the brake linings from 137 light- and medium-duty vehicles and 54 heavy-duty vehicles. They didn’t find any asbestos within the latter group. Among the light- and medium-duty cars, 3 percent of brake shoes used a chrysotile asbestos-containing model that is currently being phased out.

California law requires that asbestiform be present at only trace levels in brakes by 2014. Similarly, Washington state has the Better Brakes Law, which calls for the gradual elimination of copper, asbestos and heavy metals from brakes sold in Washington. Certification of environmentally friendly products will begin in January 2013.

However, no federal regulations on car brakes exist.

Protecting Mechanics from Asbestos Exposure

Whether mechanics are working out of their own home or a commercial garage, they have to be sure to protect themselves from asbestos.

The U.S. Environmental Protection Agency (EPA) has several tips:

Use the low pressure water sprays to wet the brakes and clutch, which can then be wiped with a cloth.
Use ready-to-install parts (whenever possible) that have been ground down by the manufacturer
If drilling, cutting or other methods that can disturb the asbestos are required, use low-speed settings.
Remove work clothes before going home. Launder these items separately.

Post-Earthquake Demolition in Japan Poses Asbestos Exposure Risk

Posted on October 11, 2012 by Steven Kazan

The Great East Japan Earthquake that struck the Sanriku Coast and the surrounding areas in March 2011 killed nearly 16,000 individuals and endangered the nuclear power plant located in the Fukushima Prefecture, according to the Ministry of Foreign Affairs of Japan. Subsequently, various buildings affected by the earthquake required demolition.

Those of us at Kazan, McClain, Lyons, Greenwood and Harley shared the collective concerns of everyone around the world who heard about the devastation.

Recently, a government study indicated that improper safety measures at various demolition sites increased the local level of asbestos exposure, as reported by the Yomiuri Shimbun, a Japanese newspaper.

Exceeding the limits

Another earthquake in 1995 also led to the demolition of several buildings. Eventually, three workers involved in these projects developed tumors that were associated with exposure to asbestos, leading to a government study on 36 building sites. Results showed that the concentration of asbestos at three locations exceeded 10 parts per liter of air, which is the safety limit put forth by the World Health Organization (WHO), according to the news source.

Following the 2011 earthquake, 114 sites located throughout Fukushima and other prefectures were designated for demolition, leading to the new study to measure the level of contamination around the sites.

Results showed that air concentrations of asbestos surpassed safety limits at 14 sites, ranging from 10.6 to 783.5 parts per liter of air. The greatest level was found in a Sendai hotel. City officials found that demolition crews did not employ the necessary asbestos exposure precautions, such as covering the walls with plastic sheets.

Government agencies speculate that the large amount of demolition work required after the earthquake overwhelmed crews and led to neglect of safety measures.

“Following the new findings, the Environment Ministry plans to revise the Air Pollution Control Law, which stipulates measures to prevent asbestos-related health damage, to bolster the ministry’s authority to conduct on-the-spot inspections,” the news source said.

Reduction efforts in Japan and beyond

Asbestos was widely used in Japan throughout the 1960s, particularly in the construction industry. However, in recognition of the health risks posed by the hazardous mineral, the government implemented an ordinance in 2006 that banned the use of materials that were more than 0.1 percent asbestos by weight.

More than 107,000 individuals around the world die from asbestos-related illnesses, such as malignant mesothelioma, according to the WHO. This led the agency to support and design several international efforts to curb the use of asbestos

Caught in the Act: OSHA Cites Seven Contractors over Asbestos Violations

Posted on September 17, 2012 by Steven Kazan

The Occupational Safety and Health Administration (OSHA) recently issued citations to seven contractors after they allegedly exposed their employees to asbestos on a construction site, according to a release from the federal agency.

The contractors, including three based in Miami and four based in San Antonio, were cited with 45 serious violations and one other-than-serious violation at a worksite in San Antonio. The proposed penalties from OSHA totaled $148,000, according to the release.

OSHA said the violations stemmed from work that took place at the Reserve at Pecan Valley apartment complex. In March, inspectors with the agency conducted a health and safety inspection at the site and reportedly found that workers were not wearing the proper protective equipment or clothing while renovating apartments.

The specific violations listed by OSHA included failing to ensure that employees work in regulated areas, failing to perform proper air monitoring for asbestos, and failing to adequately train employees to work with asbestos, the release noted.

Dangers of asbestos highlighted by OSHA action

The significant fines levied against the seven contractors emphasizes the critical nature of protecting employees from asbestos exposure. In the release, OSHA’s regional administrator in Dallas noted that following the agency’s standards when it comes to working with asbestos is essential for ensuring employee safety.

“Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions,” said John Hermanson, OSHA’s regional administrator in Dallas. “It is imperative that OSHA’s safety and health standards be followed to avoid accidents, injuries and illnesses.”

Hermanson’s comments are in line with scientific evidence that has continued to pile up in recent years. According to the World Health Organization, asbestos-related diseases such as lung cancer, malignant mesothelioma and asbestosis are responsible for the deaths of approximately 107,000 people around the world each year.

As a result, a number of countries have taken steps to heavily restrict or ban the mining, use and exportation of asbestos. In Brazil, the Supreme Court is currently holding hearings regarding the ban of asbestos. In Canada, the Quebec government is facing serious scrutiny from medical experts and advocacy groups over its decision to provide the Jeffrey asbestos mine with a significant loan that would revitalize its operations.

Take-Home Asbestos Exposure Case Stories

Posted on July 17, 2012 by Steven Kazan

Kazan Law client Ronald Ricker with his mother, Clara in 1991

Though occupational asbestos exposure is the most common kind, people can come into contact with the deadly mineral in many other ways. It can line the buildings they live in, occur in natural ore deposits near their homes or even be brought home by their spouses or family members as dust, usually on clothing and in hair.

This is called paraoccupational asbestos exposure, and it happens more often than you might think.

At Kazan, McClain, Lyons, Greenwood and Harley, we’ve been involved in dozens of cases over the years that involved individuals whose health was ruined by paraoccupational exposure. In many of these cases, the asbestos brought home on clothes ultimately resulted in one or more people developing malignant pleural mesothelioma (MPM).

Deadly dust has consequences decades later

Studies have shown that this form of exposure can radically increase the risk of asbestosis and MPM, even in young adults. To give you an idea of the toll paraoccupational exposure can take, here are some summary details on a pair of “take-home” asbestos cases that we have represented:

– Ronald Ricker. Living in Northern California in the 1960s and ’70s, Mr. Ricker was exposed to asbestos in two different ways. First, his mother, Clara, brought home fibers on her clothing, body and personal effects while working at Varian, Inc., a scientific instruments manufacturer. (Specifically, she worked with Rockbestos asbestos insulated wire products from 1966 to 1971.) Ronald also came into contact with the mineral during his own employment as a machinist at Varian, Inc. from 1969 to 1971. In October 2009, he was diagnosed with mesothelioma.

In his deposition, Mr. Ricker noted that his mother “always looked like she had been working, you know – she was a little bit dirtier and dustier [when she got home from work].”

When asked if she ever changed clothes after getting home, he said “not until after dinner, when she was taking a bath.” He and his mother had dinner together every day, a ritual that in all likelihood dramatically increased his amount of paraoccupational asbestos exposure.

– Jeanette Franklin. Our client, Ms. Franklin, was just a girl in the 1940s, when both of her parents worked at USX Corporation’s Western Pipe and Steel shipyard in South San Francisco. Her father worked as welder, while her mother acted as a carpenter’s assistant. Virtually every day, her parents unknowingly carried deadly asbestos fibers home on their clothing, exposing their young children to a deadly carcinogen. Because asbestos fibers work their way into pleural cells and lodge there, the mineral can take decades to cause MPM – and it did. In March 1999, Jeanette Franklin was diagnosed with mesothelioma.

New Legislation Ignores the Tragedy of Asbestos Diseases Felt Around the World

Posted on April 23, 2012 by Steven Kazan

Ghost town Wittenoom has been removed from road signs and maps

The serious consequences of asbestos exposure can be felt in all corners of the globe in the form of lung cancer, asbestosis and malignant mesothelioma diagnoses. One town in Western Australia, Wittenoom, has been particularly hard hit by the tragedy of asbestos-related illnesses, with estimates suggesting the community has lost 10 percent of its residents to mesothelioma.

The Wittenoom tragedy stems from an asbestos mine by the same name that was operated by the Australian multinational CSR (Colonial Sugar Refinery) and its subsidiary Australian Blue Asbestos. Despite knowledge that exposure to blue asbestos can cause a number of serious health issues, the owners of the mine allowed operations to continue in Wittenoom until 1966, according to Laurie Kazan-Allen, the Coordinator of International Ban Asbestos Secretariat (IBAS).

During the period from the early 1940s until the mine’s closure in 1966, more than 20,000 people have lived in the Australian town, including more than 4,000 children. The risk of asbestos exposure is particularly alarming for children, as the symptoms of related illnesses typically do not manifest themselves until decades after initial exposure. This means young children who inhale the carcinogenic mineral fibers may begin to suffer serious health issues in their 20s and 30s.

Asbestos tragedy highlighted in individual stories

Derryn Carnaby, who lost both her parents and two brothers to mesothelioma, was fortunate enough to be born after her family had left the town. Carnaby has decided to use this good fortune to make a difference, becoming a member of the Asbestos Diseases Society of Australia (ADSA) and spearheading a charity walk to raise funding for the research of asbestos-related diseases.

Bev Bertocchi, whose husband and mother-in-law passed away due to mesothelioma in recent years, has been training for the walk from Kalgoorlie to Perth for weeks, according to Kazan-Allen. She hopes to raise awareness and secure funding for asbestos research.

Legislation leaves victims behind

While the town of Wittenoom may be thousands of miles away, the effects of asbestos-related illnesses can also be seen in the U.S, where approximately 2,500 people are diagnosed with mesothelioma each year, according to the National Cancer Institute.

Despite this, recent legislation has taken aim at victims seeking to gain the justice they deserve. Michigan Governor Rick Snyder, for instance, approved a bill that limits the ability of asbestos victims to recover compensation from the responsible parties. Michigan House Bill 4601 is specifically designed to protect corporations that purchased companies responsible for exposing individuals to asbestos.

As this bill passed, two of Michigan’s major news outlets, the Detroit Free Press and the Grand Rapids Press, remained silent on the legislation, Media Matters reported.

Mesothelioma Occupational Case Studies

Posted on March 26, 2012 by Steven Kazan

When dealing with a mesothelioma diagnosis, it can be helpful to know more about how the disease is connected to asbestos exposure. At Kazan, McClain, Lyons, Greenwood and Harley, we know that this knowledge not only allows you to seek the most appropriate medical treatment, but also gives you a better idea of the legal options available to you and your family.

Sometimes it can be hard to imagine the risks associated with certain kinds of employment. For that reason, researchers have conducted hundreds of occupational case studies over the years. These can pinpoint which types of employment carry the greatest risk of asbestos exposure and lung disease.

Early reports on asbestos risks

The first report to really hammer home the connection between asbestos and mesothelioma was published in 1960. Its authors, a trio of UK pathologists, noticed something odd in South Africa: more than 30 cases of mesothelioma, all of them clustered in the Asbestos Hills outside of Cape Province.

Using the case-control method – in which scientists survey people with a rare disease and look for shared risk factors – the group boiled the cause down to one variable: asbestos exposure. This paper unleashed a flood of ensuing case studies, each of which examined the asbestos-related risks associated with certain occupations.

Occupations at risk for asbestos exposure

Because of these reports, today we know that these occupations tend to have the highest rates of malignant pleural mesothelioma (MPM):

Construction workers
Shipbuilders
Firefighters
Insulation installers
Heating equipment handlers
Brake pad manufacturers
Demolition workers

Unfortunately, it does not take a huge dose of asbestos to cause the kind of cell damage that is linked to MPM. A case-control study published in the American Journal of Epidemiology found that even though large amounts of asbestos exposure are extraordinarily dangerous, relatively small doses of the fiber can still be more than enough to engender the fatal lung disease.

Another case study appearing in the British Journal of Cancer backed up this idea. Its authors surveyed more than 500 men with mesothelioma, all of whom had been plumbers, carpenters, electricians, painters or constructions workers. The team found that the vast majority of these patients had had occupational asbestos exposure.

However, very few had been around the fiber for all that long. In fact, just four men reported having worked around asbestos for more than five years.

For anyone who thinks they have been in contact with asbestos, however briefly, it is important to get regularly checked by a doctor. After all, the lag time between asbestos exposure and a diagnosis of mesothelioma can be deceptively long – often on the order of three or four decades.

Korea Expects Asbestos Deaths to Peak in 2045

Posted on October 4, 2011 by Steven Kazan

Last year, the World Health Organization updated its estimate of how many people are killed annually due to asbestos exposure from 90,000 to 107,000, but sadly that number will likely only go up in coming years.

One country in particular that expects to see its asbestos death toll rise is Korea. According to the Korea Herald, the nation’s Ministry of Environment estimated in a recent report that asbestos-related deaths – which typically are the result of asbestosis, lung cancer and malignant mesothelioma – will peak in the country in 2045.

Report highlights importance of asbestos ban

The researchers reached their conclusion by comparing asbestos-disease trends in the Netherlands (which banned asbestos in 1991), Japan (2005) and Korea, where asbestos regulations are set to take effect next April.

“It seems that Korea has just started seeing a surge in the number of victims to asbestos exposure. In Japan, the increase started in early 2000 and is expected to peak around 2030. In the Netherlands, industrialization using the cancer-causing material began earlier than the other two countries. The prevalence is forecast to rise to the highest level in 2017,” the researchers said.

Korean asbestos deaths on the rise

According to the report, there were only 61 mesothelioma victims registered at medical centers in 1996, but that number shot up to 152 by 2007. In addition, deaths as a result of asbestos exposure nearly doubled from 2001 to 2006.

However, the Asian nation has taken the necessary steps to curb asbestos’ deadly influence in the long term. The National Institute of Environment Research expects the asbestos regulations will save 20,000 lives over the next five decades. In addition, the ban will save Korea trillions of won, the country’s currency.

“The asbestos regulation is expected to give society benefits worth up to 10.3 trillion won. The nation has to pay the cost (of removing asbestos) before getting benefits, but considering that asbestos damage will peak in 30 years, the regulation from next year has more merits than demerits,” the institute stated in a report, according to the news source.

Asbestos a worldwide problem

Asbestos deaths aren’t confined to Korea however. In the UK it is estimated that one person dies of malignant mesothelioma every five hours, according to the Mirror, a newspaper.

In the United States, the National Cancer Institute estimates that 2,500 new people receive a mesothelioma diagnosis each year, showing the prevalence of the once rare cancer.

Hurricane Victims Urged to Use Caution when Dealing with Asbestos-Containing Debris

Posted on September 1, 2011 by Steven Kazan

The recent spate of natural disasters to hit the eastern part of the United States has led health officials to warn residents in affected areas to use caution when handling debris, especially when it comes to asbestos.

According to a recent release from the North Carolina Department of Health and Human Services, State Health Director Dr. Jeff Engel has warned local residents to be careful when cleaning up the damage caused by Hurricane Irene, which tore through the state last week.

The release specifically touched on residents whose homes had experienced flooding, as damage from such issues can have serious consequences in older facilities built with asbestos materials.

“Buildings built before 1975 may have asbestos insulation and tape on the heating systems,” the release notes. “Leave any suspected asbestos in place until it can be removed by trained asbestos professionals.”

Caution Urged Over Asbestos-Containing Floor Tiles

Flood damage can pose a number of risks to homeowners, with floor tiles often hit the hardest. According to the release, hurricane flooding victims are advised to disinfect, clean and dry tile or linoleum floors, with the exception of flooring that contains asbestos.

This is due to the fact that the potential for grinding or chipping off some of the floor tiles increases when they are cleaned, opening the door for asbestos to be released into the environment, which can have deadly consequences for those in the area.

Asbestos Risks Well Documented

Preventing the release of asbestos fibers into the air during hurricane damage cleanup is essential, as it has been clear since the mid-1960s that exposure to the carcinogenic material can lead to the development of a number of serious illnesses including lung cancer, asbestosis and malignant mesothelioma, a rare form of cancer that attacks the tissues surrounding a majority of the body’s internal organs.

According to the National Cancer Institute, approximately 2,500 people across the U.S. are diagnosed with mesothelioma each year. Treatment for the disease typically focuses on keeping the patient as comfortable as possible, as the disease is often not diagnosed until the later stages.

With these serious health risks in mind, citizens are encouraged to tread cautiously when dealing with debris caused by both Hurricane Irene and the recent earthquake in Virginia in order to avoid the disturbance of asbestos.

Discovery of Asbestos in Collapsed Arkansas Building Delays Site Cleanup

Posted on July 27, 2011 by Steven Kazan

When asbestos is discovered in a building that is undergoing repairs or demolition work, it can not only pose a health risk to local citizens, but can also hinder cleanup of the facility.

This is exactly what is occurring after two buildings collapsed in Morrilton, Arkansas, in May, killing a toddler and injuring her mother, according to the Arkansas Democrat-Gazette.

The collapse of the buildings killed 2-year-old Alissa Jones and seriously injured her mother, Erin Coffman, the news source said. Now, the owners of the facilities have agreed to remove the debris from the properties, which is still located on the site.

However, as a result of the discovery of asbestos – a material that was used in a number of older buildings due to its utility as an insulator and resistance to fire – Mayor Stewart Nelson said the cleanup had been delayed.

Nelson told the news source that the Arkansas Department of Environmental Quality had decided to order an asbestos inspection after hearing about the piles of debris on the property.

Asbestos Testing Turns Up Positive

When the state Department of Environmental Quality had the asbestos testing completed, five of the 16 samples examined reportedly turned up positive, Dr. J.J. Magie, the owner of one of the buildings told the news provider.

Due to the discovery of the carcinogenic material, the owners are required to hire an asbestos removal contractor to rid the properties of the contamination, and bids are currently being submitted.

Nelson, Morrilton’s mayor, added that the fact that the debris had been on the ground for so long further complicated the contamination.

“ADEQ said the whole (site) was hot because the buildings had been on the ground” for so long, the mayor explained.

Asbestos Exposure Can Prove Deadly Down the Road

While the symptoms may not manifest themselves until decades after initial asbestos exposure, the inhalation of the dangerous mineral fibers has been proven to cause a number of serious illnesses including asbestosis, lung cancer and malignant mesothelioma, a rare form of cancer.

Such diseases are responsible for a significant number of deaths, particularly due to occupational asbestos exposure, as the World Health Organization estimates that the illnesses kill approximately 107,000 people worldwide each year.

New Asbestos Threat Emerges in Libby, Montana

Posted on July 6, 2011 by Steven Kazan

The people of Libby, Montana, are perhaps more aware about the dangers posed by asbestos than anyone else in the U.S.

The W.R. Grace vermiculite mine that operated for decades near the town brought a great deal of the naturally occurring carcinogen to the surface. People in Libby and the surrounding areas were exposed to asbestos and many subsequently contracted illnesses such as asbestosis, lung cancer and malignant mesothelioma, a rare cancer that attacks the thin membrane that lines the body’s chest, abdomen and multiple internal organs.

According to the Associated Press, such asbestos-related diseases have claimed the lives of about 400 people in the town. An additional 1,750 are estimated to have contracted such a disease.

Now, the people in the town are facing another asbestos threat in the form of two large piles of woodchips and bark that contain asbestos, reports the news source.

AP Investigation into Piles

The AP conducted an investigation into the piles, which have been used by residents and the town in parks and near schools. In addition, the news source reports that the federal government has known that the piles contained asbestos for at least three years.

According to the news source, the Environmental Protection Agency did not prevent people from taking the material away until the AP began its investigation.

“We thought we were coming to an end and now we have this issue all over again,” said Lerah Parker, a resident who has used the woodchips.

Asbestos-tainted Woodchips Widely Used

According to local officials, about 1,000 tons of the material has been used throughout Libby for both erosion control and landscaping. In addition, an official told the news source that as much as 15,000 tons of the material were sold and taken to unknown destinations over the past decade.

Parker showed the AP her property, which contained hundreds of plantings such as trees and bushes that were all ringed with the asbestos-tainted woodchips.

EPA Responds to AP

According to the news source, the EPA said in a written statement that previous tests on the piles were too inconclusive to determine that the material in the piles posed an immediate threat to the area.

The federal agency, which has spent $370 million cleaning up Libby over the past 11 years, said that it would look further into the woodchips and create guidelines regarding how the material should be handled.

asbestos exposure