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Brandeis University Officials Proactive in Managing Campus Asbestos

Asbestos, known to be a human carcinogen, can be found throughout buildings built prior to the 1980s. While intact, the material does not pose a health hazard. However, once the asbestos becomes friable, or breaks apart, anyone exposed has a lifelong health risk.

Ensuring proper management of asbestos is critical for protecting the public’s health. Officials at Brandeis University are doing just that, and took advantage of the quiet summer to remove some of the offending material from vacant dormitory buildings.

According to a Sept. 8 article in Brandeis University’s school paper, The Justice, the Waltham, MA university contracted with asbestos removal companies to clear asbestos from the flooring and pipe and plumbing fixtures in Reitman, Cable and Shapiro A and B dormitories.

Executive Director of Integrated Media, William Schaller, alerted the paper of the work via email, noting that the asbestos was discovered during a pre-construction survey. According to The Justice, the  dorm buildings were built in the 1950s.

Although asbestos is no longer used in the construction of buildings, it is found in houses, schools and other structures built prior to the mid-1980s. Asbestos-containing products were used in roofing materials, floor tiles, caulk, joint compound, ceiling tiles and insulation. When these older buildings are remodeled, renovated or gutted, the asbestos materials are loosened, and the friable material can be released into the air, leading to health hazards.

Mesothelioma Asbestos is known to cause mesothelioma, a terminal cancer of the lining of the lungs, abdomen or heart, lung cancer, and other respiratory illnesses. Nearly 3,000 Americans are diagnosed each year with mesothelioma. The U.S. Environmental Protection Agency reports that there is no safe level of exposure.

In compliance with health and safety regulations, and to protect its students, employees and visitors to campus, Brandeis University developed its Asbestos Management Plan. The plan is “designed to recognize potential asbestos containing material (PACM), establish evaluation for asbestos content, and outline notification protocols so that appropriate controls can be implemented to minimize any possible exposure to staff, students, and visitors.”

In the 12-page plan, the University recognizes that “with many Campus buildings and facilities potentially containing asbestos materials” asbestos assessments are critical and will be planned as needed. In order to appropriately manage the campus resources, assessments will “be carried out when PACM or known ACM has been disturbed by some activity or when repair, renovation or demolition activities on campus may disturb these materials.”

Asbestos abatement projects require close adherence to federal, state and local guidelines. As such, asbestos removal areas are off-limits to non-certified asbestos professionals. As noted in the Brandeis asbestos plan, “Any areas where abatement activities are occurring shall be restricted to authorized personnel. Authorized personnel shall include only Massachusetts certified asbestos workers, supervisors, project monitors, and emergency response personnel.”

If you have been suffering from asbestos-related diseases, our skilled asbestos attorneys at Belluck & Fox, LLP can certainly help you. Visit our offices in New York City and Albany now.

 

University at Buffalo Renovations Delayed for Asbestos Abatement

In December, the University at Buffalo, of the State University of New York, started construction on its “Heart of Campus” project designed to create “new learning landscapes.” Just a few months into the project, however, administrators received word that asbestos found in Capen Hall must be removed before continuing with the project.

According to UB’s website, the “Heart of Campus” project includes a “complete transformation” of the Oscar A. Silverman Library on the third floor of Capen Hall. When this Phase I portion is completed, students will have access to “bright, new, flexible study areas.” The library is scheduled to open in the fall of 2015.

The asbestos discovery has delayed the start of the renovations in the library until after June 5, when the abatement project is scheduled to be completed, pushing the renovation project out at least two months, according to an April 9 article in the UB Spectrum. Asbestos was found in the glue of the vinyl floor tiles of the library floor and between the wall-boards. A joint compound is applied where two drywall sheets meet in order to seal the seams. It is in this compound where asbestos was used as a filler.

The University has hired certified asbestos removal contractors who will be using high-efficiency particulate arrestance filters as well as required asbestos containment processes to ensure asbestos fibers do not escape and become airborne.

“We are concerned they [asbestos fibers] will get airborne because they can cause various diseases when exposed,” said David Vasbinder, the associate director of environment health and safety. “The federal process requires we put all these systems in place,” Vasbinder said. “We also have to monitor the air to make sure those methods are effective.”

The use of asbestos-laden construction products was widely prevalent in the U.S. until the 1970’s, which is around the time the floor tiles were installed in the library. The mineral that was used for its strength and durability is also a known carcinogen. However, unless the asbestos becomes damaged, it does not pose a health hazard. If the materials are inhaled, pleural mesothelioma, a cancer of the lining of the lungs, can develop.

The management of asbestos is highly regulated, and cleanup efforts for the toxin require trained experts who specialize in the removal of this hazardous substance and who should be contracted for the work.

Mesothelioma is an aggressive, incurable cancer caused by asbestos exposure that often leaves patients with few treatment options and a prognosis of less than one year after diagnosis. Mesothelioma has an extended latency period, and it can take between 15 and 60 years for symptoms to present themselves. 3,000 new cases are diagnosed in the U.S. each year.

For updates on the “Heart of Campus” project visit the project’s dedicated website.

If you have been suffering from asbestos-related diseases, our recommended asbestos lawyers at Belluck & Fox, LLP can certainly help you. Visit our office in the City of New York today.

Image Credit: Office of University Communications, University at Buffalo of the State University of New York

Tweet Generates Asbestos Scare at Ohio School

It took a Tweet of a masked worker to alert the community to what appeared to be an asbestos abatement project being conducted at Ellet High School in Akron, OH. As is often the case with social media, the photo quickly went viral and parents inundated the school’s administration with angry phone calls.

According to a March 6 article on Cleveland.com, the photo of the man wearing a respirator protective mask and hazmat suit standing beside an asbestos warning sign in a classroom was taken during the removal of damaged ceiling tiles. The school spokesperson reports that the work was being performed after hours, and that the sign and mask are required by law when dealing with projects where asbestos may be disturbed.

“We were not removing asbestos, we were removing ceiling tiles,” said Rob Boxler, environmental services manager for Akron Public Schools. He added that there was no damage to the ceiling area known to contain asbestos, reports Cleveland.com, but that the district was required under law to follow the asbestos removal guidelines in case the work disturbed the ceiling material.

Boxler reported that the tiles were glued to asbestos-containing plaster, according to an Ohio.com article.

Following is an excerpt from a statement published March 5 on the Akron Public Schools website:

“As a matter of routine, and in adherence to federal guidelines, we are using crews authorized in asbestos removal to do this work, even though this is not an asbestos removal procedure. We must, however, have workers trained in asbestos removal to remove ceiling tiles. The tiles are glued to plaster that may or may not contain small amounts of asbestos (our studies show the concentration is at 2.7%). That material, however, is undisturbed; and the environment in the school is safe and secure.”

Although many schools, and other buildings, were built with materials that contain asbestos, and still harbor asbestos-containing materials, according to the U.S. Environmental Protection Agency, asbestos that is in good condition and left undisturbed is unlikely to present a health risk.

However, risk of mesothelioma, lung cancer or other asbestos-related diseases becomes an issue when asbestos is damaged or disturbed where asbestos fibers become airborne and can be inhaled.

If you are concerned about asbestos in your child’s school, contact your school administrator. According to the EPA, your local school district/local education agency must nominate a “designated person” to perform and delegate, if necessary, the management of asbestos in a school building. This person should be able to address any specific concerns you have about management of asbestos in your child’s school.

Need help with Mesothelioma cases? Our dedicated mesothelioma lawyers at Belluck & Fox, LLP will be happy to help you. Call or visit our locations in New York City, Woodstock, Albany and Rochester.

Columbia University Employees Worry About Asbestos in the Air

Employees of Columbia University in New York City have reached out to their union for support in ensuring they are safe from asbestos exposure. The group fears that an asbestos abatement project may have sent asbestos fibers through the air ducts and into the air in the powerhouse chiller plant where they work.

The chiller plant has been undergoing renovations, and on Jan. 14, according to a Feb. 6 article in the Columbia Daily Spectator, notification was sent out regarding asbestos that was disturbed when asbestos pipe insulation was removed. A subsequent air-monitoring test done for the university found the area safe for re-occupancy.

“The asbestos was found on pipes in the discharge plenum of a fan that blows air through our plant,” said a worker in the plant who asked to remain anonymous, according to the Spectator article. “They removed the asbestos and tested for samples with the fan off. We want sampling done with the fan on to get an accurate reading of what has settled on pipes throughout the plant,” said the worker.

The employees will ask Transport Workers Union Local 241, a union representing workers at Columbia University, the Juilliard School of Music and the Jewish Theological Seminary, to approve an asbestos air test that uses equipment to disturb dust to simulate the work environment.

A spokesman for Columbia Facilities responded, saying, “We listened to the feedback from employees and are exploring further options that will best address their concerns.”

Mesothelioma

Asbestos has been used in products such as insulation for pipes, floor tiles, building materials, and in vehicle brakes and clutches. However, when asbestos fibers are disturbed and become airborne they can easily be inhaled or ingested by workers or others nearby. Asbestos is a human carcinogen and is known to cause mesothelioma and lung cancer, as well as other terminal diseases.

The U.S. Environmental Protection Agency has stated that there is no safe level of asbestos exposure.

The development of disease symptoms from asbestos exposure can take decades. Approximately 3,000 Americans die from mesothelioma each year, and another 10,000 succumb to some other form of asbestos-related diseases.

If you need help with Asbestos-related cases? Our recommended asbestos lawyers at Belluck & Fox, LLP will be happy to help you. We have locations at AlbanyRochester, NYC and Woodstock.

 

 

Yale Fails to Withdraw Honorary Degree Given to European Corporate Leader Responsible for Thousands of Asbestos-Related Deaths

Thousands of workers at Eternit, a European cement and roofing company, have succumbed to mesothelioma and other asbestos-related diseases. As a result of this egregious loss of life, the owner of the company was found guilty of “causing an environmental disaster” and was sentenced to 16 years in Italian prison. Yet still, Yale University refuses to rescind an honorary degree it gave to the man for being “one of the world’s most environmentally conscious business leaders.”

Yale honored Stephan Schmidheiny with a Doctor of Humane Letters honorary degree in 1996. When bestowing the degree on the company’s owner, Yale said, “You have made company decisions based upon the health of the planet, introducing new technologies and ways of doing business that are environmentally friendly.”

As we reported in March, families of the victims and Yale alumni pleaded with the University to withdraw the degree saying, “It flies in the face of actual history.” Linda Reinstein, co-founder and President/CEO of the Asbestos Disease Awareness Organization, also joined the cause. She sent a letter to Kimberly Goff-Crews, Yale’s secretary and vice president for student life, urging the school to reconsider: “In the names of those we have buried, I urge you to listen to our plea and revoke Schmidheiny’s honorary award.”

After receiving the petitions, Yale stood strong in defense of Schmidheiny saying they have never revoked a degree and have no plans of doing so.

Now, the mayors of 35 Italian towns affected by the mesothelioma deaths are joining forces with the families in renewing their call to strip Schmidheiny of the degree. According to an Aug. 1 article in the New Haven Register, the group sent a letter to Yale President, Peter Salovey.

“The town of Casale Monferrato and 34 municipalities … join in asking you to rescind the honorary degree awarded to Mr. Stephan Schmidheiny in 1996,” said the Mayor of Casale Monferrato, author of the letter, according to the article. “We consider it unacceptable that a criminal such as he is, a man who has shown no respect for human life, should be allowed to continue to bear the sign of your appreciation and honor.”

Yale continues to stand by their 1996 decision, and March statement, insisting that Schmidheiny’s record at that time reflected him as “a philanthropist and environmentalist.”

“Yale does not currently believe that ongoing legal proceedings in Italy provide cause to reconsider the judgment made by the committee in 1996,” said Karen Peart, deputy university press secretary, in response to the letter.

Although, as a rule, universities rarely rescind honorary degrees, it is not unprecedented. In fact, Tufts University rescinded a 2006 honorary doctorate bestowed on Lance Armstrong, the seven-time Tour de France champion who fell from grace after being found guilty of using performance-enhancing drugs. The University board said that Lance Armstrong’s “actions as an athlete are inconsistent with the values of the university,” according to the Huffington Post.

The only known cause of mesothelioma is through inhalation or ingestion of airborne asbestos fibers. The fibers become lodged in the lining of the chest or abdomen, where, over the years, they begin to irritate the tissue leading to cancer. It can take up to 60 years for a person who was exposed to exhibit symptoms.

If you have been suffering from asbestos-related diseases, our experienced asbestos attorneys at Belluck & Fox, LLP can certainly help you. You can talk to our New York attorneys now.

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1950’s Asbestos-Riddled Cigarette Filters

Mesothelioma is a unique and rare form of cancer, typically affecting the lining of the lungs, caused by exposure to asbestos fibers.

Individuals primarily sickened with the asbestos-related disease were exposed to asbestos in the workplace, from asbestos on a family member’s clothes, or through home improvement projects.

One fact that has been constant in the research of mesothelioma causes is that, unlike many other predominantly pulmonary-related cancers, cigarette smoking does not cause mesothelioma.

However, smokers of Kent Micronite filtered cigarettes manufactured by Lorillard Tobacco between 1952 and 1956 may be at risk of developing the disease. That is because Lorillard used filters that contained asbestos.

Cigarette Filters Contained Asbestos

According to an article by Myron Levin of FairWarning, Kent’s ads promoted the Micronite filters as “the greatest health protection in cigarette history” because, they claimed, the filter removed more tar and nicotine than the competitor’s filters. However, the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos. Lorillard never warned users about asbestos.

asbestos exposure cigarette filterA study released in 1995 by the American Association for Cancer Research (AACR) found that there was no barrier or secondary filter between the end of the filter and the smoker’s mouth.

Thus, the smokers inhaled or swallowed the asbestos fibers in the filters which then became lodged in their body.Because asbestos fibers are essentially indestructible, the body’s immune system is powerless to break them down.

Crocidolite was the least used asbestos in commercial products, and was often used to make asbestos-cement products. However, the blue asbestos is one of the most potent carcinogens.

The author’s of the study concluded that the evidence strongly suggests that there is an increased risk of mesothelioma among people who smoked these cigarettes.  In just one year alone, 1954, it is estimated that about 550,000 packs of Kent Micronite cigarettes were sold each day.

Decades Later, Smokers and Workers Battle Mesothelioma

Asbestos Lawsuits NY

Eventually, Lorillard changed the design of their cigarette filters and asbestos was removed. But the damage had already been done. It has been nearly six decades since anyone took a drag off these Kent cigarettes, but now hundreds of people are victims of mesothelioma.

Even workers in the plants that made the filters were stricken with mesothelioma and other asbestos-related diseases. In fact, in a 1989 study of plant workers, 34 workers were diagnosed with mesothelioma.

The authors concluded, “the extremely high morbidity and mortality in these workers were caused by intense exposure to crocidolite asbestos fibers.”

Many victims have filed lawsuits against Lorillard. Lorillard has nearly 90 percent of the cigarette marketplace and they aggressively defend these cases.

Today, experts report an untold number of people may be suffering from mesothelioma from these cigarettes. It can take up to 60 years for symptoms of mesothelioma to become apparent, and many of these former workers and smokers are now in their late 70’s or 80’s.

If you or someone you love has been diagnosed with mesothelioma , let the dedicated mesothelioma lawyers at Belluck & Fox, LLP New York work for you and your family.

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New York Mesothelioma Lawyer Criticizes Expansion of Canadian Asbestos Mine

The Jeffrey Mine, an asbestos mine in the small town of Asbestos in Quebec, Canada, has just had new life breathed into it with approval by Canadian officials of a $58 million loan guarantee that will support an expansion of the now inactive mine. The expansion would allow the mine to produce up to 180,000 tons of chrysotile asbestos by 2012, and 225,000 tons per year thereafter. Primarily, the asbestos will be exported to India. Asbestos is a carcinogen and is shown to cause mesothelioma, lung cancer, asbestosis and other respiratory illnesses.

Despite outcry from Quebec’s scientific and medical leaders, the international anti-asbestos community, and other organizations that sent letters directly to the government requesting Canada stop exporting the deadly mineral, the government believes the economic benefit outweighs any potential health hazards.

“It’s outrageous that a government would permit this toxic mineral to be shipped elsewhere, where it can expose another generation to illness,” said asbestos attorney Joseph W. Belluck.

Asbestos was once widely used in a variety of products in the U.S., Canada and elsewhere, including in insulation, automotive brakes, fireproofing, pipe covering, cement mixtures, joint compounds and floor tiles. Construction and industrial workers have been especially exposed to the mineral.

Today, asbestos use is limited in the United States but it is still not banned. It is also used around the world in developing countries. Researchers say that even small amounts of asbestos and infrequent exposure can create a risk for contracting mesothelioma or other asbestos-related diseases. Mesothelioma is highly aggressive and is resistant to many cancer treatments. Currently there is no known cure for the disease.

The New York Times recently reported that Philip Landrigan, Dean of Global Health at the Mount Sinai School of Medicine in New York, stated in a letter to Quebec Premier Jean Charest that “there is no safe exposure level. It goes on killing for generations.”

“As an attorney who has seen up close the impact of asbestos exposure on the lives of mesothelioma victims and their families, I can’t imagine how anyone would support expanding this operation,” Belluck said. “It’s time to put an end to asbestos production – period – and put public safety first.” Belluck, a partner in Belluck & Fox, LLP, is one of the country’s leading advocates for the rights of mesothelioma victims.

Canada ranks as the world’s fifth largest exporter of Chrysotile asbestos. The expansion of Jeffrey Mine would create 425 full-time jobs in the town of Asbestos and keep Canada in the asbestos market for 25 years.

If you or a family member has been diagnosed with mesothelioma, lung cancer, or other asbestos-related disease, you need to speak with our knowledgeable asbestos lawyers at Belluck & Fox, LLP today. Our legal team can review your case for free and explain the process for filing a claim. We do all the legal legwork, so you and your family can focus on your health. Visit our New York law office now.