Proper Removal of Asbestos Prevents Death, Fines and Prison
Asbestos is a naturally occurring mineral with long, thin fibrous crystals. It was commonly used in construction becasue of its heat resistand and insulating properties. Asbestos is now known to be toxic and inhalation of asbestos fibers can be potentially fatal, causing serious diseases such as mesothelioma, asbestosis and lung cancer. Since the mid 1980’s, the use of asbestos has been banned in the U.S. and many other countries.
Asbestos, when in sound condition and intact, generally doew not pose a health risk. It is only when asbestos is disturbed or in friable condition, where fibers are released into the air and can be inhaled, that exposure becomes dangerous. To prevent unsafe exposure, several federal regulating agencies, including the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA), created strict guidelines for the removal and disposal of any asbestos-containing materials.
We recently published a couple of articles about companies and individuals who have been sentenced or have been convicted and are facing charges of violating EPA standards and the Clean Air Act while performing the removal of asbestos, putting many at risk.
In Owner of Asbestos Removal Company Faces Sentencing, we detail how the owner of an asbestos abatement company is awaiting sentencing this week for hiring undocumented and untrained workers to remove asbestos, falsifying documents that employees had completed training and received certification, and paying employees under the table. Albania Deleon, owner of Environmental Compliance Training, Inc. and Methuen Abatement Staffing, faces 28 federal charges against her. She has put the lives of many of her workers at risk of developing an asbestos related disease, with little avenue for representation by an experienced, qualified asbestos attorney or monetary compensation and medical treatment.
Contractors & Air Quality Controller Convicted in Asbestos Removal Case details how two contractors and an air quality control assessor violated Clean Air Act and standards for the removal of asbestos in New York. John Wood and Curtis Collins both owned companies that claimed to do asbestos abatement work according to federal regulations. In reality, they not only did not remove the asbestos from job sites, leaving some behind, but they also disturbed the asbestos so that toxic fibers were most likely released into the air. Mark Desnoyers, a licensed air quality monitor, would then create falsified air sample reports that appeared to prove all asbestos had been removed and air quality was safe when in fact the sites remained contaminated.
Wood was sentenced to four years in federal prison and ordered to pay restitution of over $850,000. Collins was sentenced to two years in prison and ordered to pay about $115,000 in restitution. Desnoyers is facing 25 years to life in prison and a possible $1.25 million fine, with sentencing scheduled for March 13.
The news, both nationally and internationally, speaks to widespread issue of improper removal or disposal of asbestos that ends up causing a serious health risk to workers, home and business owners, and community members. In the UK, the construction firm Kier, violated safety policies by improperly dumping asbestos containing materials after removing them from a work site.
These are just three recent examples that demonstrate the importance of following safety and federal guidelines when performing asbestos removal during construction. The guidelines are there to protect workers, individuals in the construction area, and the enviornment at large. For instance, in the Wood and Collins case, the two contractors dumped asbestos containing materials on a farm in Willsboro, which could have resulted in contaminating water and land sources. The clean up of this improper disposal required funds from the EPA’s Superfund to prevent any further contamination.
Disregard of federal regulations can result in workers and innocent others contracting an asbestos related disease, as well as serious fines and prison sentences. Refer to OSHA Regulations Standards -29 CFR for guidelines around safe management, removal and disposal of asbestos.
Work Safe BC, an organization based in British Columbia that is dedicated to promoting workplace health and safety, has produced a short, informative video for home and business owners:
If you or someone you know may have been exposed to asbestos and would like to get more information about legal representation or medical treatment options, Clapper, Patti, Schweizer & Mason are asbestos cancer attorneys who have been representing people with mesothelioma and asbestos related diseases for over 25 years. As expert lawyers, they are as one of the leading plaintiffs’ mesothelioma law firms in the nation. Over the past 25 years our attorneys have obtained hundreds of millions of dollars in settlements and jury awards for people diagnosed with asbestos diseases, particularly mesothelioma which is attributable to asbestos exposure.
