Auto parts store cited for exposing workers to asbestos and mold

The auto parts store failed to protect worker health and
safety, OSHA says.

KANSAS CITY, Mo. – A worker alleging the existence of asbestos, mold and hygiene hazards led to an inspection of an Advance Auto Parts store in Kansas City, where the U.S. Department of Labor's Occupational Safety and Health Administration found one repeated and 10 serious safety and health violations with fines of $60,000.

"Exposure to asbestos is a dangerous workplace issue that can cause loss of lung function and cancer, among other serious health effects. When Advance Auto uses an older building with presumed asbestos-containing material, such as floor tiles, it has a responsibility to conduct periodic air monitoring and must post warning signs for workers," said Barbara Theriot, OSHA's area director in Kansas City.

"The company also has a responsibility to maintain the building in a sanitary and safe manner. OSHA found persistent flooding, which caused mold growth and created lower-level slip and fall hazards. This is unacceptable."

OSHA inspectors tested bulk samples of furnace room floor tiles and found they contained 3 percent chrysotile, a form of asbestos. Sample air monitoring did not detect asbestos fibers circulating in the heating and air conditioning system.

However, particles could become airborne from deteriorating tiles and persistent flooding, a consistent issue throughout the building.

Asbestos is a naturally occurring mineral fiber used in some building materials before its health dangers were discovered. Asbestos fibers are invisible and can be inhaled into the lungs unknowingly. Inhaled fibers can then become embedded in the lungs.

Inspectors also found electrical safety violations and blocked exit routes at the store, resulting in the 10 serious violations. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

OSHA also noted a repeated violation for failing to provide inspectors with injury and illness logs.

Based in Roanoke, Virginia, Advance Auto Parts was previously cited for this violation in a Delaware, Ohio, store in 2010 and a Lakeland, Florida, store in 2011.

OSHA issues repeated violations if an employer was cited previously for the same or a similar violation within the last five years.

Advance Auto Parts has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit OSHA online.

Source: OSHA

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Asbestos to blame for Nevada cancer levels: Study

Mesothelioma has been linked to
asbestos exposure.

DENVER - Malignant mesothelioma has been found at higher than expected levels in women and in individuals younger than 55 years old in the southern Nevada counties of Clark and Nye, likewise in the same region carcinogenic mineral fibers including actinolite asbestos, erionite, winchite, magnesioriebeckite and richterite were discovered.

These data, published in the Journal of Thoracic Oncology, the official journal of the International Association for the Study of Lung Cancer, suggest that these elevated numbers of malignant mesothelioma cases are linked to environmental exposure of carcinogenic mineral fibers.

Malignant mesothelioma is a fatal cancer associated with asbestos exposure that develops on the outer linings of the lungs.

The 3-year survival rate is only 8% and there are limited therapeutic options. The incidence of malignant mesothelioma is higher in locations with known industrial and occupational exposure and for similar reasons the incidence is higher in men, with a male to female ratio of 4:1 to 8:1.

The latency period for is 30-50 years so those diagnosed from occupational exposure are usually in their seventies whereas those diagnosed younger than 55 are rarely associated with occupational exposure.

Asbestos is a commercial and regulatory term applied to six mineral fibers historically mined for industrial use. Naturally occurring asbestos is a term used to describe fibrous minerals that were not used commercially and therefore were not called asbestos and their use was and still is not regulated.

Like asbestos, these naturally occurring fibers are natural components of rocks and soils and a potential source of exposure especially if these fibers become airborne through natural erosion or human activities producing dust.

Researchers from Hawaii, Nevada, and Pennsylvania examined malignant mesothelioma mortality data from the Centers for Disease Control by gender, age group, state, and counties for the period 1999-2010.

The two southern Nevada counties of Clark and Nye were grouped together and the proportion of women and those younger than 55 years old in these two southern counties were compared to those in all other Nevada counties grouped together as well as the rest of the United States.

The male to female ratio of malignant mesothelioma in all Nevada counties excluding Clarke and Nye was 6.33:1, but in Clarke and Nye counties it was statistically lower at 2.69:1 (p=0.0468), which could not be explained by population demographics, as these were the same.

The percentage of individuals younger than 55 was significantly higher in the southern Nevada counties compared to the remainder of the US counties (11.28% vs 6.21%, p=0.0249).

Tremolite and actinolite, both members of the asbestos family, as well as erionite, winchite, richterite, and magnesioriebeckite are present in southern Nevada and all have been linked to cancer in humans.

The authors acknowledge that women and children can be exposed to fibrous minerals as a result of their husband's or father's occupational exposure when bringing these fibers home on their clothes.

However, the authors conclude "in southern Nevada there are no major asbestos industries, thus this seems an unlikely hypothesis. Instead, the presence of asbestos and other fibers in the environment of Clark and Nye Counties, where a lower M:F sex ratio and an increased proportion of malignant mesothelioma are seen in young individuals, suggests that some of these malignant mesotheliomas are caused by environmental exposure which can happen when human activities and natural processes such as wind or water release fibers in the air."

Michele Carbone, senior author on the study, states "further research is needed, including epidemiological, geological, mineralogical and health-based personal exposure studies in order to characterize the residential and occupational history of the malignant mesothelioma cases we studied, to highlight the highest risk areas within Clark and Nye counties, to identify the type of fibrous minerals and their precise distribution throughout Nevada, and to identify the activities responsible for the release of fibers in the air, which may be the cause of some of the malignant mesothelioma in this region."

Source: IASLC

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10 jobs that are bad for your lungs - Part 2

Knowing the dangers in certain occupations may help decrease the risk factors. The first five jobs that pose a threat to the lungs were:

1. Bartending and waitressing
2. Housekeeping and cleaning
3. Health care
4. Hair styling

Construction workers are often exposed
to chemicals, particles and asbestos.

5. Manufacturing

And the list continues:

6. Construction

Workers who demolish old buildings or do remodeling can be exposed to asbestos used as insulation around pipes or in floor tiles.

Even minimal exposure to its microscopic fibers has been linked to a variety of problems. One is mesothelioma, a form of cancer, Von Essen says.

Exposure also seems to raise the risk of small-cell lung cancer and can lead to asbestosis, or scarring of the lung. Removal should be left to trained and licensed crews.

"Know where the asbestos is," Von Essen says. "Follow all the rules and don't take chances."

7. Farming

Working with crops and animals can lead to several disorders. Hypersensitivity pneumonitis is a rare but serious problem caused by repeated exposures to mold-contaminated grain or hay. The lung's air sacs become inflamed and may develop scar tissue.

Grain in metal bins can get moldy. Breathing dust from this grain can lead to fevers, chills, and a flu-like illness called "organic dust toxic syndrome." Farmers also are more likely to report a cough and chest tightness.

"We think about 30% of farmers who grow crops in this way have had that at some point," Von Essen says. Workers in hog and chicken barns sometimes get an asthma-like syndrome.

"Dust and ammonia levels together seem to be risk factors," she says. Keep grain from getting damp, ensure adequate ventilation, and wear a respirator.

8. Auto Body Spray Painting

People who work in auto body shops are often exposed to chemicals known as isocyanates. They're a significant cause of occupational asthma.

"It's frequently a career-ending disease where they need to leave their profession," Harber says.

The right protective equipment may
alleviate some of the risks.

Using quality respirators that are appropriate for your task can lessen the risk. It also helps to enclose the area being sprayed and to have a ventilated exhaust system. Better yet, replace hazardous materials with safer ones.

9. Firefighting

People who battle blazes are exposed not only to the fire, but also to other materials, including burning plastics and chemicals. Firefighters can significantly lower their risk of lung disease and other problems by using a "self-contained breathing apparatus" (SCBA). These devices should also be used during "mop up" or the clean-up period.

"Many of the chemicals are still in the air," Harber says. Ventilation also is critical.

10. Coal Mining

Underground miners are at risk for everything from bronchitis to pneumoconiosis, or "black lung." It's a chronic condition caused by inhaling coal dust that becomes embedded in the lungs, causing them to harden and make breathing very hard.

"This can cause progressive massive fibrosis and can kill people," Von Essen says.

Again, protective equipment can limit the amount of dust inhaled.

Source: WebMD

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Three schools closed due to asbestos scare

Airborne asbestos fibers are carcinogenic.

A beleaguered Huntington Beach school district has now closed three of its campuses because of an asbestos scare, leaving 1,300 students without a school to attend.

The three grade schools were closed when parents learned that their children could have been exposed to potentially carcinogenic asbestos while the Ocean View School District worked to modernize school sites.

Since then, hundreds of parents have been uncertain when and where their children would return to the classroom.

The school district is losing about $63,000 a day in state funds because students cannot attend class.

About 100 families have requested that their children be transferred to schools in other districts.

"There's no way I can trust my son is going to be safe there anymore," said parent Lily Coffin, who said she hoped to move her son to the neighboring Huntington Beach City School District.

District trustees voted during a special meeting to close Lake View, Hope View and Oak View elementary schools, while classrooms were cleaned and tested to make sure they were free of potentially carcinogenic asbestos dust. Lake View was later closed indefinitely, and now the district has decided to keep the other two schools closed indefinitely as well.

"Recently, we received information from our consultants and experts that it is not in the best interest of students and staff to reopen these three schools until we obtain additional information," said Gustavo Balderas, Ocean View's superintendent.

While the district has determined it can move students from Lake View to other campuses in the district, it’s unclear what will happen with the 1,300 students from the other campuses.

Ocean View officials have said they were aware that asbestos has been in their schools for decades. However, parents became upset when they learned the district may have been removing the material as part of a large-scale modernization project while students were present.

Ongoing testing revealed there was asbestos in two classrooms at Lake View, while a single asbestos fiber was found in a classroom at Hope View. Test results from Oak View were inconclusive, officials said.

The district said it will test for asbestos during the next several weeks at all 11 schools in the district. The cost of the tests is about $700,000, said Assistant Supt. Roni Ellis.

Construction has been suspended at every school until the summer and the district.

Cal/OSHA, is investigating whether contractors continued to remove asbestos while students were in classrooms, which would violate state law.

Ocean View officials could not yet provide an estimate of the number of families who have applied for transfers.

The loss of state funds and the cost of asbestos removal could leave the district in financial trouble. Officials said they may end up asking the state to help with costs.

Asbestos is a mineral fiber that until the 1970s was widely used in building products and insulation materials. The fibers can be released into the air during demolition work, repairs and remodeling, according to the U.S. Consumer Product Safety Commission.

When Lake View, Oak View and Hope View schools were built decades ago, asbestos was used as fireproofing on metal beams above the ceiling. Over time, the dust began to fall from the beams and settle on top of classroom ceiling tiles, district records show.

Though coming into contact with asbestos that hasn't been disturbed isn't harmful, it becomes a hazard when the dust becomes airborne, said Steven Viani, a registered civil engineer and engineering contractor with experience in asbestos and other hazardous materials.

Inhaling high levels of the dust can increase the risk of lung disease that isn't detected until years later, including a type of cancer called mesothelioma, experts say.

Teachers have expressed concern that they weren't notified about the asbestos above the tiles and said the district should have placed signs restricting access to limit the risk of the dust becoming airborne.

Source: LA Times

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Restoration workers exposed to asbestos

Exposure occurred during restoration of Chicago fire station

Restoration and construction workers
have a higher risk of asbestos exposure,
which is linked to lung disease and cancer.

Workers renovating a historical 1887 firehouse in Chicago were exposed to asbestos and electrical hazards, according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration.

The inspection found Structure Development Midwest LLC failed to collect and dispose of asbestos-containing material in sealed, labeled and waterproof bags.

The Chicago real estate and management company was issued one willful and seven serious citations carrying proposed penalties of $46,000 for the violations.

"Exposure to asbestos can cause loss of lung function and cancer, among other serious health effects, and workers must be trained in procedures that minimize exposure. Workers should never be put at risk because a company failed to protect them from a known, dangerous substance," said Kathy Webb, OSHA's area director in Calumet City.

The March 25, 2014, inspection found that the company failed to act and comply with existing regulations when employees were exposed to asbestos; did not ascertain whether asbestos work conducted was in compliance with standards; and failed to visibly identify and limit access to areas containing asbestos material.

A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.

Serious electrical safety violations found at the site included lack of ground fault circuit interrupters, open electrical panels and failure to protect temporary wiring. These violations resulted in the issuance of seven serious citations.

An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

Structure Development Midwest has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.

OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit OSHA's website.

Source: OSHA

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Medical center exposed workers to asbestos, other health hazards: OSHA

All employers must keep their workers safe, OSHA says.

Aleda E. Lutz Veterans Administration Medical Center employees in Saginaw were exposed to asbestos, bloodborne pathogens and unsafe operation of powered industrial vehicles, a U.S. Department of Labor Occupational Safety and Health Administration inspection found.

OSHA issued six notices of unsafe or unhealthful working conditions following the March 2014 inspection initiated as part of OSHA's Federal Agency Local Emphasis Program*.

"The Veterans Administration Medical Center failed to ensure that the facility was a safe and healthy workplace because it did not provide appropriate personal protective equipment or train employees how to keep themselves safe," said Larry M. Johnson, director of OSHA's Lansing Area Office.

"All employers, including federal employers, are responsible for knowing the hazards in their facilities. They must follow standards to protect worker safety and health."

OSHA's inspection found that officials failed to remove a broken, powered industrial vehicle from service, resulting in one repeat violation. The U.S. Department of Veterans Affairs' facility in Battle Creek was cited for the same safety violation in 2013.

To issue notices for repeat violations, OSHA must issue at least one other notice for the same violation, within the same standard industrial classification code, at another agency establishment. Thousands of workers are injured every year, sometimes fatally, while operating powered industrial vehicles.

In addition, OSHA found five serious violations for failure to ensure employees wore masks and eye protection whenever they could expect exposure to splashes, spray, spatter or droplets of blood or other infectious material, and to ensure that work surfaces were properly decontaminated.

Facility officials did not ensure that powered industrial truck operators completed training successfully or that employees who performed housekeeping duties were provided asbestos awareness training. Additionally, the facility used a power strip that exceeded acceptable voltage levels.

A serious notice is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

As required by the Occupational Safety and Health Act, federal agencies must comply with the same safety standards as private sector employers.

The federal agency equivalent to a private sector citation is the notice of unsafe and unhealthful working conditions. A notice is used to inform establishment officials of violations of OSHA standards, alternate standards and 29 Code of Federal Regulations citable program elements.

OSHA cannot propose monetary penalties against another federal agency for failure to comply with OSHA standards.

The medical center has 15 business days from receipt of its notices to comply, request an informal conference with OSHA's area director, or appeal the notices by submitting a summary of the agency's position on the unresolved issues to OSHA's regional administrator.


Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Source: OSHA

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Many clueless about natural asbestos problem

Asbestos fibers can get deep into the lungs
and affect people's health.

U.S. Environmental Protection Agency investigators prompted by a resident's concern in late 2012 tested rocks near a housing development in Burlington, Washington, and found evidence of naturally occurring asbestos.

Prolonged exposure to the substance found inside the rocks has been shown to cause lung cancer, and investigators recommended in a draft report that signs be posted "alerting people to the dangers of asbestos exposure."

Residents, however, were never formally notified of the discovery by federal, state or local officials — a case that experts and others say highlights the challenges authorities face when dealing with naturally occurring hazards.

Jean Melious, an environmental and land-use lawyer who teaches environmental studies at Western Washington University, said natural asbestos is vexing for government agencies, partly because it's not a disaster that calls for immediate action.

"It's a lot easier for government to work when there's a big hue and cry," she said.

Andy Smith, an on-scene coordinate with the EPA, said no government agency has total authority over natural asbestos.

"This kind of problem falls in the cracks," he said.

Natural asbestos occurs throughout US

Natural asbestos is often found in certain types of rocks and near fault zones. It can be released into the air from the rocks when they are broken or crushed, as often occurs during mining or development.

The Washington Department of Natural Resources says naturally occurring asbestos has been found in areas in the northern part of the state and experts say it occurs throughout the United States.

Keith Welch, a resident of the Burlington Hill housing development who alerted federal authorities, said he's frustrated the authorities haven't been more proactive in telling people about the presence of asbestos and doing more comprehensive studies.

"It's one thing to be cautious," Welch said. "Now that it's been identified, somebody needs to do something about it."

The Burlington Hill case has helped agencies discuss best practices for permitting and public awareness, said Katie Skipper of the Northwest Clean Air Agency, which is responsible for enforcing air pollution regulations in Skagit, Whatcom and Island counties.

In June, Skagit County posted information about naturally occurring asbestos in the environmental health section of its website. It mentions the asbestos on Burlington Hill in one sentence, and provides links to other asbestos-related information.

In its March 2013 report, the EPA said it found actinolite asbestos along a road cut on the northeastern side of Burlington Hill. No asbestos was found at three other locations sampled.

Because of the health risks associated with asbestos, the report said people should limit their exposure to the asbestos and that a more thorough study would need to be done to determine how much asbestos might be at the site.

Source: KOMO News

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Occupational diseases on the rise: Nfld report

Occupational disease comes from constant
exposure to irritants at work over a long time.

A new report from the Workplace Health, Safety and Compensation Commission (WHSCC) of Newfoundland and Labrador has offered both good and bad news about oh&s in the province.

On one hand, last year’s lost-time incidence rate of 1.6 (meaning 1.6 incidents per 100 workers), the same as the rate for 2012, was the lowest calculated in the WHSCC’s history.

The rate has steadily declined over the past 13 years, the commission claimed in a press release about the report on April 24.

But the report also noted that of the 30 work-related fatalities that had occurred in 2013, 25 of them resulted from occupational illness. This was an increase from 20 occupational disease deaths in 2012.

The province has also seen a rise in the average number of occupational disease fatalities per year over the past decade, according to Leslie Galway, the WHSCC’s chief executive officer.

From 2004 to 2008, the annual average number of deaths from occupational disease was 13; over the subsequent five years, the annual average was 21.

“We’ve been tracking occupational disease and the fatality aspects as one part of that for a long while,” said Galway. “In a working population of this size, we would be concerned with these outcomes.”

Galway defined occupational disease as illness that results from constant exposure to irritants at work over a long period of time.

Common examples of irritants include dust from asbestos or silica, toxic fumes from chemicals and loud noise. The latter can seriously affect hearing over the long run.

As for how the overall rate of workplace injuries and deaths could decline while occupational disease increased, Galway explained that occupational disease is a long-term development.

“So if you think of something like asbestos or silica dust, it’s usually over a career, and it can be that the exposure took place between 10 or 15 years followed by another 20 years of latency while the disease actually develops,” she said.

“So it takes quite a period of time before you actually see this demonstrated as a disease and a claim to the commission.”

Source: OHS Canada

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Asbestors inspectors overloaded in Iowa

One inspector oversees 4,500 projects annually

Asbestos remediation needs to be
done properly to minimize health risks.

Most people were unaware of the dangers of asbestos decades ago, and many construction workers were working with materials without breathing apparatuses — something that today be considered a violation of federal regulations.

In fact, many construction workers may look the other way regarding possible asbestos violations, perhaps not comprehending the long-term ramifications of their inaction.

In Iowa, one inspector enforces U.S. Environmental Protection Agency asbestos removal regulations and oversees as many as 4,500 asbestos removal projects each year.

His job with the state’s natural resources department is primarily centered on protecting public health under the National Emission Standards for Hazardous Air Pollutants, also known as NESHAP.

Another asbestos inspector is part of the Iowa Division of Labor. That inspector focuses on worker protections under federal Occupational Safety and Health Administration regulations.

While the agencies frequently communicate and sometimes share information, the regulations they enforce are separate and often require separate reviews, officials from both agencies said.

City and county government officials are also responsible for assisting in asbestos oversight. State and federal regulations, for example, sometimes require an asbestos survey to be completed and those regulations may require removal of material that can become airborne prior to the issuance of a demolition permit.

A contractor’s complaint has prompted closer scrutiny of possible asbestos exposure involving workers at a downtown Des Moines renovation project, but an inspector doesn’t even visit hundreds of sites across Iowa each year where workers could face risks from the cancer-causing material.

The routine lack of asbestos-handling inspections at construction sites in Iowa and across the nation represents a widespread failure to protect the public, environmental safety advocates say.

In Iowa, one inspector enforces U.S. Environmental Protection Agency asbestos removal regulations and oversees as many as 4,500 asbestos removal projects each year. Another inspector must try to enforce federal Occupational Safety and Health Administration asbestos regulations.

Some say the number of OSHA asbestos inspectors in Iowa should increase to five or 10. Minnesota’s OSHA agency, for example, has 15 inspectors who are trained to sample and assist with asbestos investigations.

This article has been edited for length. Source: Des Moines Register

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Asbestos ruling sides with company

Judge cuts company's liability by more than $1 billion

The judgment affect current and future
victims of asbestos-related diseases.

A federal judge in Charlotte has delivered a startling victory for industries that are part of the country’s long-running asbestos-liability fight, cutting more than $1 billion from what a company owes to current and future victims.

U.S. Bankruptcy Judge George Hodges accepted the $125 million figure proposed by Garlock Sealing Technologies, a Palmyra, N.Y., subsidiary of EnPro Industries of Charlotte.

The amount covers claims for mesothelioma, a rare and deadly cancer of the lining of the lungs and one of a host of diseases linked to asbestos. Attorneys representing current and future mesothelioma victims had asked the court to set liability at $1.3 billion.

But in his 65-page order Friday, Hodges said the attorneys’ dollar figure did not fairly reflect Garlock’s liability. He accused asbestos lawyers and clients of withholding or manipulating evidence, as well as relying on “pseudoscience” to pump up the size of asbestos settlements and jury awards.

In regards to Garlock, Hodges said plaintiff attorneys withheld evidence about their clients’ exposure to company products, “unfairly inflating the recoveries against Garlock” for the decade leading up to the company’s bankruptcy filing.

According to the U.S. Chamber Institute for Legal Reform, an industry advocacy group, Hodges’ ruling marked the first time in more than 80 asbestos bankruptcies stretching back for more than 30 years that a judge refused to accept the plaintiffs’ estimate for future claims.

In his ruling, Hodges said previous settlements were not an appropriate measurement because they had been inflated by what he called “the impropriety of some law firms.”

Garlock, which makes seals and gaskets for a host of industries, has been a target of asbestos related lawsuits for some 40 years. It filed for Chapter 11 protection in 2010, one of dozens of otherwise solvent businesses that turned to the courts for help in settling thousands of claims of asbestos poisoning.

Asbestos is at the center of the country’s longest running liability case. And Garlock was among the last industrial targets to seek bankruptcy protection. This summer, attorneys from across the country gathered in Hodges’ courtroom for a 17-day trial to argue Garlock’s liability.

Up until the mid-1980s, asbestos was widely used in insulation and as a fire retardant. But its tiny, jagged particles can lodge in the linings of the lungs and other organs, causing cells to mutate.

Companies have been accused of knowing the risks of asbestos for decades but concealing them from their employees. One well-known Texas anti-asbestos attorney told the Wall Street Journal last year that his clients are victims of the “worst corporate mass genocide in history.”

But in his ruling, Hodges accepted company arguments that Garlock’s liability is highly limited, concluding that the concentrations of asbestos in company products are small and mostly made up of a less dangerous form of the fibers.

The article has been edited for length. 

Source: Charlotte Observer

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Hampshire schools could expose public to asbestos

Contaminated air in schools may affect teachers, staff and
students' health and well-being.

An inquest ruled teacher Marion Potts died of mesothelioma after being exposed to asbestos in school, although it could not pinpoint which one.

She was thought to be the first teacher in the region to die of the disease, but Lynne Squibb, co-founder of Hampshire Asbestos Support and Awareness Group (HASAG), said the problem was more wide-spread.

“This is not the first teacher in Hampshire to get mesothelioma through exposure at school. We’ve seen a handful of teachers that have been diagnosed with mesothelioma over the years," Squibb said.

"It is an ongoing problem, as around 90 per cent of schools still contain asbestos. The major concern is a child contracting it, but it can take anywhere between 20 and 60 years from exposure to asbestos to developing the disease, so we won’t see the effects for decades.”

Southampton-based HASAG was started by Lynne and her sister Diane in 2006, two years after their father Dave Salisbury was diagnosed with mesothelioma. The 71-year-old spent his entire career at Eastleigh railway works and died in December 2005.

Lynne added: “It’s something we have been campaigning on, along with the Asbestos in Schools group (AiS) which has been lobbying the Government to do something. But the Government is looking to keep it in situ and asks schools to keep an asbestos register and we don’t feel that is enough.

“We hear removing asbestos is too expensive because it is so specialist but you cannot put a price on just one person’s safety.

“Every time you hear a school is building a new block and knocking down other parts, asbestos could be released.”

Asbestos expert Michael Lees warned the problem was even more serious because children are more vulnerable to the effects of asbestos than adults.

Mr Lees, a founder member of AiS, said: “Exposure in school will contribute a significant amount of ‘lifetime exposure’ because you are looking at people who are more vulnerable.

“The lifetime risk for a five-year-old exposed to asbestos is five times greater than a 30-year-old.”

Both the city and county council have said asbestos is monitored in Hampshire schools and removed where possible.

Source: Daily Echo

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Hotel owner settles for asbestos violations

Materials containing asbestos need to be disposed of properly.
Image by Michelle Meiklejohn/FreeDigitalPhotos.net

BBA Winchester LLC, the owner of a former hotel located in Winchester, Idaho has settled with EPA and agreed to pay a $21,000 fine for asbestos safety and environmental violations from improper demolition of the hotel.

“This is an unfortunate example that when asbestos is not properly removed before demolition, the entire debris pile becomes contaminated, putting people at risk, and greatly increasing disposal costs,” said Scott Downey, Manager of the Air and Hazardous Waste Compliance Unit at the EPA Seattle office.

“Because this owner failed to check for asbestos before demolition, their $2,000 demolition project ballooned into a $55,000 asbestos waste cleanup and disposal problem.”

In response to public complaints, EPA inspected the demolition site of the former hotel in 2012. BBA Winchester LLC demolished the 100-year-old hotel in late 2011 or early 2012, without first inspecting the building for asbestos, removing asbestos materials, or notifying EPA, as required by law.

Unsecured debris prompts health concerns

The demolition was in a residential neighborhood and the contaminated debris was unsecured for more than a year, prompting community concerns about asbestos health risks.

EPA inspectors collected samples from the site that showed the demolition debris contained regulated asbestos waste. After confirming the debris was contaminated, EPA worked with BBA Winchester LLC to clean up the contaminated debris and ensure proper disposal.

Follow-up testing after the cleanup showed that the soil and remaining concrete and glass did not contain asbestos and could be disposed of as normal demolition debris.

Asbestos is a hazardous air pollutant regulated by EPA to protect public health. Building owners and contractors are required to check for asbestos and then remove it before demolition to protect workers and the public from exposure to asbestos fibers.

When inhaled, asbestos fibers can lodge in a person’s lungs and lead to respiratory illness including lung cancer, mesothelioma, a rare form of cancer, and asbestosis, a serious progressive lung disease.

More information about asbestos and safe demolition can be found here.

Source: EPA news release

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Retired UK postal worker died from job-related asbestos exposure

A UK coroner has confirmed that a former postal worker died as a result of contaminants he encountered while on the job. Malcolm Roshier breathed in deadly asbestos spores during mail collections at Southampton Docks, an inquest heard.

Roshier, a delivery driver would collect mailbags contaminated with fibres from ships carrying asbestos. He worked until 1972 and like many asbestos-related cases, his health began to deteriorate years later in 2006. In died in October from malignant mesothelioma, a rare form of cancer linked to the inhalation of asbestos. He was 77.
  
Source: Daily Echo

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Asbestos removal worker who lost bout with cancer wins $35 million supreme court suit

The New York Supreme Court has awarded an asbestos-removal worker $35 million dollars. Ivo John Peraica, of Queens, worked for eight years for New York-area contractors removing asbestos insulation from boilers, pumps, and other equipment. He died in December from complications related to mesothelioma, a cancer whose only known cause is exposure to toxic asbestos fibers.

His legal team told the jury that Peraica’s disease was caused by years of inhaling the asbestos dust stirred up each time he stripped asbestos insulation from the equipment at his jobsites – equipment which, according to testimony, was devoid of any warnings about the dangers of asbestos.

The sole defendant at the time of the verdict – industrial products manufacturer Crane Co. – argued that other companies and even Peraica himself were responsible for his exposure to asbestos, but the jury ultimately heaped blame on the Stamford, Conn.-based company, saying it had acted with reckless disregard for consumers’ safety.

Peraica was unable to testify in person, but before he died on December 28, provided four days’ worth of deposition testimony that his lawyers were able to read into evidence.

Mesothelioma is an aggressive cancer that attacks the sac that lines the lungs and other internal organs. It is incurable.

EPA fines six Arizona school districts for asbestos violations

The U.S. Environmental Protection Agency has fined six Arizona school districts a combined total of $94,575 for Asbestos Hazard Emergency Response Act (AHERA) violations. More than 15,000 children attend the 25 schools not in compliance with the federal AHERA in these districts.

During inspections conducted in 2011, EPA inspectors discovered numerous violations, from failing to inspect facilities for asbestos containing materials, failing to re-inspect campuses with known asbestos containing materials, and failing to have an Asbestos Management Plan. All of the school districts have since taken necessary actions to comply with the law, with the cost of compliance reducing the penalties in most cases to zero.

“Asbestos in schools has the potential to harm the health of students, teachers, and maintenance workers,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA takes these violations seriously, and we are satisfied the schools have now conducted inspections and put their asbestos plans in place.”

Each school district is allowed to subtract properly documented costs of complying with the regulations from the penalty amount. The six school districts are:
· Apache Junction Unified School District (Pinal County): fined $21,675, but this was reduced to $7,933 because of the school district’s cost of achieving compliance.
· St. John’s Unified School District (Apache County): fined $14,195, reduced to $824 by the school district’s cost of achieving compliance.
· Florence Unified School District (Pinal County): fined $31,705, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· Vernon Elementary School District (Apache County): fined $2,700, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· McNary Elementary School District (Fort Apache Indian Reservation): fined $14,200, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· Round Valley Unified School District (Apache County): fined $10,100, but no cash payment was due because the documented costs of compliance exceeded the penalty.

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 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

Railroad workers sue for asbestos and silica exposure injuries

Occupational exposure claims -- for injuries or illnesses caused by repeated or prolonged exposure to hazardous substances -- are common  actions under the Federal Employers Liability Act. Railroad workers who are injured by occupational exposures can recover compensation under FELA if it can be shown that the railroad company's negligence played a role in causing the hazardous exposure.

A recent FELA case from Texas serves as an illustrative example of how occupational exposure claims work. The plaintiffs in the case are seven former employees of BNSF Railway, who claim that they developed serious lung injuries as a result of occupational exposure to asbestos and silica-containing dust. These substances are well-known to cause illnesses including asbestosis, silicosis, mesothelioma and lung cancer.

The plaintiffs claim that the railroad was aware of the dangers posed by exposure to asbestos and silica dust, but failed to take steps to protect employees from harm. Specifically, they point to evidence showing that the railroad had been informed of serious risks as early as 1935. At that time, the Association of American Railroads recommended that railroads take steps to prevent employees from becoming injured by hazardous dust, including removing dust from working areas, having employees wear respirators, analyzing air samples from working areas and educating employees about the risks of exposure.

The Texas railroad workers further claim that BNSF was negligent in continuing to use products that contained asbestos and silica even though it knew of the dangers it could cause. They argue that, at the very least, BNSF should have taken more steps to protect its employees from harm. In particular, they claim that BNSF failed to provide appropriate respirators, failed to conduct sufficient air monitoring and failed to educate employees about the risks of asbestos and silica exposure and the fact that those risks could be magnified by smoking cigarettes.

Source: O'Brien Chod, LLC

Satellite dish installation disturbed asbestos

(The Australian) More than half of all contractors installing satellite dishes under the federal government's digital TV rollout are unaware of how to report major problems such as asbestos disturbance, an investigation has found.

The study, by Ernst & Young, also found that at one-third of the installation sites it visited, contractors were unable to adequately manage risks such as wearing required protective clothing.

The federal Department of Communications commissioned the review into the Satellite Subsidy Scheme in Queensland in late 2011, after revelations poorly trained contractors had disturbed asbestos in more than 20 government-owned homes in that state.

Ernst & Young visited 169 "live sites" - sites where installations were currently occurring across Queensland. The two contractors completing the work were Skybridge and Hills Industries subsidiary Techlife.

"The results show significant non-compliance in the management of risks, awareness of the incident reporting process and demonstrating the appropriate (safety) culture," the report found.

"A number of non-compliances were also noted for (safety) training and risk assessment."

Despite the problems, the study noted a "significant decrease" in the number of serious concerns in Queensland compared with rollouts in Victoria.

In one incident in Queensland, Ernst & Young found a contractor had drilled though plaster without knowing whether or not it was asbestos and did not wear protective attire such as a mask.

It said the contractor had subsequently been suspended.

The Ernst & Young report was handed to the government in May. The department has not explained why it has taken so long to release it, except to say it had been conducting "follow-up work".

It also inspected 1103 private homes in regional Queensland where installations occurred. That inspection revealed 20 possible cases of asbestos disturbance.

"Of these, nine were found to contain asbestos and full remediation has occurred," the Department of Communications said.

Concerns have been raised that asbestos may have been disturbed in areas where inspections have not occurred, with residents unaware of the problem.

In late 2011, the government cracked down on contractors and ordered retraining in asbestos handling.

By that time, Skybridge and Techlife had installed satellite dishes in 5149 households in regional areas in Victoria, South Australia and Queensland.

A spokesman for Skybridge declined to comment while Techlife could not be contacted.

Manufacturer of asbestos containing joint compounds to pay $1,979,228 to retired L.A. brickmason

A Los Angeles jury has found against Kaiser Gypsum Company, Inc., a manufacturer of asbestos containing joint compounds, in the case of a 63 year old cancer patient and former brickmason.

Vincent Monaco worked as a brickmason at Kaiser Steel, Fontana, California, and at numerous residential sites and commercial buildings throughout Southern California between 1968 and the 1990s.  He was diagnosed with mesothelioma, a debilitating and fatal cancer of the lining between the lungs and chest wall, in August 2011.

The jury found that the defendant's asbestos-containing joint compounds were defectively designed and
 assessed $479,228 in economic damages and $1,500,000 in non-economic damages.
At trial, plaintiffs presented evidence showing that the knowledge of hazards of exposure to asbestos dates back to 1898. Indeed, Kaiser Gypsum’s own internal documents starting in 1965 acknowledge that inhalation of asbestos dust from any source can cause mesothelioma decades later.

"Mr. Monaco can live out his last few months knowing that Kaiser Gypsum was held accountable today for contributing to cause his mesothelioma," stated his lawyers.

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Asbestos fears prompt power meter work ban in Australia

Source: ABC 

The Electrical Trades Union (ETU) in New South Wales, Australia is advising its members not to work on electricity meter boards in older houses because of the risk of asbestos.

It is estimated about two million properties built before 1983 have asbestos dust around the meters, with the union concerned about the dust being disturbed during the installation of new electricity meters.

Last week Endeavour Energy issued a 'hazard alert' to its staff, warning them to wear masks.
But the union says that advice was inadequate and announced the work ban on meters.

ETU Secretary Steve Butler says the union has now advised all its members to avoid meter boxes.

 Mr Butler says the State Government now needs to take action.

"We believe the first step the government now has to take is to establish what condition these state meter boxes are in," he said.

The union is also calling for an audit of meter boards that have recently been modified and the removal of all asbestos meter boxes from all NSW Government-owned buildings.

Mine workers warned of asbestos in ore

Source: CBC News

Workers at the Meadowbank gold mine in Nunavut, Canada are being warned about asbestos in the ore being mined.

Asbestos is a mineral that when inhaled has been linked to respiratory diseases and lung cancer.

“We've now confirmed that we do have some asbestos in the ore that we mine,” said Dale Coffin, corporate director of communications with Agnico-Eagle.

“We haven't identified how much yet. We're doing test analysis of the rock to determine how much may be there but we have put in place corrective measures to protect our employees and manage the dust.”

The Meadowbank gold mine is located 75 kilometres north of Baker Lake. About 750 permanent employees work there along with almost 300 contractor employees.

Coffin said because the asbestos is coming from the mined rock, it is impossible to get rid of it completely. He said employees have been trained to avoid direct contact with the dust for their own safety.