Stricter, More Serious Consequences Needed for Asbestos Violations
Recently in the news, stories are being written of construction companies all over the United States which are violating asbestos laws and regulations with little consequence. These companies are securing million dollar contracts yet their fines and remediation actions are minuscule compared to the profit they are making on the projects overall.
Asbestos is a carcinogenic mineral that can cause serious diseases, such as mesothelioma, asbestosis and lung cancer. Asbestos was commonly used in thousands of building and industrial products until its use became highly regulated in the mid 1980’s.
Asbestos activists are calling for stricter control and more serious, hefty consequences to deter illegal handling, management or disposal of a toxic substance that threatens human life and the health of the environment.
One recent example of a company making millions on a construction job yet paying little for asbestos violations is the case being investigated in Florida. A project led by Posen Construction to build a new roadway has been halted because material found on the site is suspected of containing asbestos.
The Florida Department of Environmental Protection is now investigating whether material being used in the project to widen Summerlin Road in South Fort Myers contains asbestos. The Florida DEP is the agency in charge of protecting air, water and land throughout the state. As such, it administers asbestos management and removal programs in order to prevent the release of any asbestos fibers into the air during demolition or renovation activities.
The DEP has sent samples of materials from the construction site to be tested for the presence of asbestos. If the tests come back positive, the contractor or subcontractor on the job can be held accountable to pay for transporting any contaminated material to an approved land fill site as well as pay a fine up to $10,000. Also, if Posen is found to be liable, they will no longer be able to perform work in Lee County and will have to seek employment outside the area. The fine and resulting actions however still remain inconsequential compared to the overall profit Posen stands to gain upon completion of the project.
Last year, Posen Construction faced similar charges and was found guilty in another project that involved widening roads. In that project, they were fined $6,500 and order to transport contaminated material to an approved site. Comparing this to the $15.7 million contract received to complete the project has activists speaking out about the need for heavier consequences to deter such illegal operations that could lead to deadly exposures and threaten the environment.
