2007/06/01

Capitol Power Plant Tunnels Set For Asbestos Abatement

The Architect of the Capitol (AoC)—which is responsible for preserving, maintaining and enhancing the Capitol complex in Washington D.C.—has agreed to settle a complaint over asbestos hazards at the complex’s power plant.

After eight months of negotiations and years of complaints by workers, the AoC said it will:


Abate the asbestos and other health hazards in the Capitol Power Plant utility tunnels within five years, unless funding is cut
Create a comprehensive management plan with specific milestones for the abatement
Meet with Office of Compliance (OoC) representatives on a monthly basis to discuss progress and other relevant matters
Allow monitoring by the OoC to ensure milestones are being met

While the AoC’s agreement with the OoC is considered “precedent setting,” it still does not require complete asbestos abatement.

Sen. Patty Murray, who pushed for workers to be removed from the tunnels after signs of respiratory illnesses began to surface, referred to the agreement as a “good first step to address the [AoC’s] astounding backlog of 13,000 health and safety violations.”

(Source: http://www.occupationalhazards.com/Issue/Article/66532/Architect_of_Capitol_Agrees_to_Fix_Tunnel_Hazards.aspx)

Australian University To Study Asbestos Impact on Women

New research will focus on identifying possible links between asbestos and ovarian cancer. Researchers at the University of Western Australia (UWA) will conduct the study.

According to professor Bill Musk, most data regarding asbestos-related diagnosis has been gathered from men. The new study will mark the first time researchers specifically examine the impact of asbestos on women.

The research, Musk said, will build on previous studies of workers in a region where crocidolite, or blue asbestos, is prevalent. Women in the region already exhibit higher mesothelioma and lung cancer rates, so researchers want to determine if their ovarian cancer rates are also higher.

If researchers are able to determine a link between asbestos exposure and ovarian cancer, it could mean more compensation claims, said Musk.

“I’m sure if they develop a disease that can be associated with their exposure to asbestos they will be eligible for some compensation one way or another,” he said.

(Source: www.abc.net.au)

Woman's Estate Files Mesothelioma Lawsuit

The estate of a woman who died from mesothelioma—an asbestos related cancer—has filed an asbestos lawsuit seeking more than $700,000 in compensatory and punitive damages from 44 defendant corporations.

Barbara Clarke was diagnosed with mesothelioma in January 2005 and died four months later. Elsie Eberhard, Clarke’s daughter, filed the lawsuit claiming that her mother suffered both occupational and non-occupational asbestos exposure.

According to the complaint, Clarke worked from 1961-1965 as a machinist, production worker, and engineering draftsman. The lawsuit also states that Clarke was exposed to asbestos during home and automotive work projects.

The defendants, which include Ford Motor Co., General Motors, and John Crane, are accused of the following, among other things:


Including asbestos in their products despite the known harmful effects and the availability of safer alternatives
Failing to provide warnings to those working around or with asbestos
Failing to conduct asbestos testing to determine the extent of the hazard to workers

Eberhard is seeking damages in excess of $700,000 for her mother’s pain and mental anguish as well as her own loss of support and society.

(Source: http://www.madisonrecord.com/news/195403-family-of-pennsylvania-worker-files-asbestos-complaint)

Has your loved one died from mesothelioma? You may be entitled to seek damages on their behalf. Contact us today to learn more.

Lawsuit: Asbestos Exposure Caused Man?s Mesothelioma

Lawsuit: Asbestos Exposure Caused Man?s Mesothelioma
A Kansas man who was diagnosed with mesothelioma in March recently filed a lawsuit against 92 defendants, claiming preventable asbestos exposure caused his illness.

Hubert Johnston worked as a service station attendant and insulator for more than four decades—from 1946 to 1990. Over the course of his employment, Johnston claims he suffered exposure to asbestos. He also cites home and automotive repairs as a source of exposure.

“The plaintiff’s exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants,” the lawsuit states.

The defendants are accused of, among other things, failing to:

§ Provide adequate safety instructions for those working with or around asbestos
§ Advise workers of proper hygiene practices to prevent them from carrying the dangerous fibers home on their person
§ Provide alternative non-asbestos-containing products when adequate substitutes were available

Johnston claims he suffers “great physical pain and mental anguish” as a result of his condition. He is seeking compensatory and punitive damages in excess of $250,000 for his medical costs and the defendants’ “willful, wanton, intentional and reckless misconduct.”

(Source: The Madison Record)

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Asbestos Removal

Asbestos removal may help prevent exposure to the asbestos fibers linked to cancer and other lung diseases. Asbestos removal should only be performed by qualified professionals, since the risks associate with an improperly conducted asbestos removal are quite high.

There are over 3,000 manufactured products that are known to contain asbestos; asbestos removal can therefore be an extensive operation. Individuals may not realize their home or business requires asbestos removal, since asbestos fibers are odorless and tasteless and were used so widely for many years. Asbestos removal experts can conduct an investigation, taking samples of various materials to determine whether asbestos removal is required. Taking samples yourself is never recommended, as releasing asbestos fibers can be more dangerous than foregoing asbestos removal entirely. In some cases, asbestos abatement may be accomplished through methods other than asbestos removal, such as encasement or encapsulation. These can be as satisfactory and much less expensive than asbestos removal. There are stringent requirements set by federal, state, and local authorities regarding the methods for asbestos removal and disposal. Further information is available through organizations such as the EPA and OSHA, and though asbestos removal laws do not vary much between states, individuals should always ensure that anyone hired for asbestos removal purposes is in full compliance with the laws and regulations. If an asbestos removal is occurring on a property that you rent, you can ask if the asbestos removal professionals have the proper training and qualifications. It is illegal to conduct an asbestos removal if you are anyone other than the property owner or a qualified asbestos removal specialist.

To learn more about your legal rights and responsibilities in regards to asbestos removal, you may wish to contact an attorney who has experience in working with asbestos removal cases.

To find buildings in your state that contain asbestos, select a state. You will also find asbestos abatement or asbestos removal, various statewide asbestos products, as well as links to how you might be able to help victims of Asbestos exposure.