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Posts by: Steven Kazan

Obscure and Everyday Asbestos Products from the 20th Century

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asbestos exposureBecause of the dangers surrounding asbestos exposure, concerned consumers have become wary of construction materials, particularly those that were used to build structures before the 1980s. However, a columnist for the website Greener Ideal pointed out that asbestos was used for more than just construction and cars. During the 20th century, people handled several asbestos products on a daily basis, which may be notable for senior citizens who are only now developing the symptoms of asbestos-induced diseases.

Material pervaded everything from decorations to hygiene products
The idea of being in a building with aging asbestos insulation can be frightening for educated consumers. Imagine the horror you’d feel if you realized you were touching asbestos regularly, or worse, putting it directly in your mouth.

Greener Ideal columnist Paula Whately wrote about several more obscure uses of asbestos from the 20th century:

  • Decorative snow. Between the 1930s and 1950s, asbestos was used for fake snow in Christmas decorations, and even used for set dressing on “The Wizard of Oz.” Part of what made it so appealing was the fact that it was fire-resistant.
  • Toothpaste. After World War II, some toothpaste manufacturers included the mineral in their product to act as the abrasive agent.
  • Beauty salon hair dryers. The hood-style hair dryers used during the 1950s included a layer of asbestos that was meant to protect customers from being accidentally burned.
  • Surgical thread. After World War II, asbestos was added to some types of surgical thread in order to make it both stronger and more flexible.

What you can do
It’s also important to remember that the U.S. government still allows asbestos to be used in the manufacturing of several products, including cement sheets, vinyl floor tiles, gaskets, automatic transmission components and automotive brake system parts. Consumers who are concerned about this need to keep putting pressure on their lawmakers to curb the use of asbestos.

Building Demolition and Asbestos Exposure

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asbestos exposureIf you have an interest in demolition – either as a worker or spectator – you need to keep in mind that demolishing older structures may put you at risk of asbestos exposure. This is why there are strict federal laws dictating how asbestos must be handled both before and during demolition projects.

Where in an old building can you find asbestos?
During much of the 20th century, asbestos was a popular component of construction materials because of its strength, ability to resist fire and capacity to insulate against heat and sound. However, during the 1970s, responsible companies began eliminating asbestos from their manufacturing processes because of the link between exposure to the mineral and the development of fatal diseases, such as malignant mesothelioma.

In fact, the Environmental Working Group estimates that every year, asbestos-related diseases claim the lives of more than 9,900 individuals in the U.S. This underscores the importance of protecting both consumers and industrial workers from asbestos exposure.

As listed by the federal Environmental Protection Agency, items in and around buildings that may contain asbestos include, but are not limited to:

  • Cement corrugated sheets
  • Cement flat sheets
  • Cement shingles
  • Cement pipe
  • Pipeline wrap
  • Roofing felt
  • Roof coatings
  • Non-roof coatings
  • Vinyl floor felt

How should asbestos be dealt with before demolition?
When a building is torn down, there is a lot of potential for dangerous substances to be released into the environment, putting the health of both workers and local residents at risk. That’s why the federal government has strict laws dictating the handling of asbestos before a demolition project commences.

First, the National Emission Standards for Hazardous Air Pollutants, or NESHAP, requires that any building manager or operator notify the appropriate state agencies before demolition takes place. Next, demolition workers have to be careful about controlling the emissions of potentially deadly substances.

When it comes to asbestos, that means minding both friable – that is, it can crumble when handled – and non-friable asbestos products that may become damaged during the demolition must be removed prior to the actual demolition.

If the removal process is likely to disturb any of these materials, those in charge of the project have to make sure they’re kept adequately wet in order to control the dust problem.

Similarly, anything that cannot be physically removed from the site before demolition must be kept wet until its actual disposal after demolition. The goal here is to make sure that there is no visible dust.

There are only two exceptions to the rule regarding keeping these materials wet prior to demolition:

  1. If the temperature at the time of wetting is below zero. Building owners and operators must make a note of these temperatures and keep the records for at least two years.
  2. When the use of water will damage equipment or present a safety hazard. This requires written approval from safety inspection administrators.

Building owners and operators have to keep in mind that inspectors will also be on hand to make sure that the wetting procedures are being carried out properly. They can evaluate things such as the location of the water supply, whether an alternative wetting agent is needed, what equipment is being used to wet the materials and how properly bags of waste are handled.

If those in charge of a demolition project know that air concentrations of asbestos fibers may exceed permissible exposure limits, they must provide workers with protective clothing and respirators.

History of Asbestos Litigation

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asbestos litigationOne of the things that I believe sets Kazan, McClain, Satterley, Lyons, Greenwood & Oberman apart is the fact that we have been pioneers in asbestos litigation. The modern history of asbestos litigation began on December 10, 1966, when the first asbestos product lawsuit since the 1920s was filed in Beaumont, Texas by attorney Ward Stephenson. His client, Claude Tomplait, had been diagnosed with asbestosis in July of that year. The defendants were eleven manufacturers of asbestos-containing insulation products, including Johns-Manville, Fibreboard and Owens Corning Fiberglas. The case proceeded to trial on May 12, 1969 and a week later the verdict was returned in favor of defendants.

In October 1969, Mr. Stephenson filed a case for one of Mr. Tomplait’s co-workers, Clarence Borel. Again, numerous asbestos manufacturers were named. However, this time the result was different. The jury returned a verdict for Mr. Borel in the amount of $79,436.24. The verdict was appealed and on September 7, 1973, Ward Stephenson died. Four days later, the Fifth Circuit Court upheld the award.

The legal battle on behalf of asbestos victims expanded to other parts of the United States. Cases were filed in many other jurisdictions starting in late 1973.

In 1974, I filed a precedent-setting civil lawsuit on behalf of Reba Rudkin, who developed asbestosis after working for 29 years at the Johns-Manville manufacturing plant in Pittsburg, California. Even though Mr. Rudkin worked for Johns-Manville and the company would normally be protected from such a lawsuit because workers’ compensation is the exclusive remedy for an employee suing an employer, I argued that Manville and its executives should not be shielded from fraud and conspiracy charges.

In January 1978, at a deposition taken during the course of discovery in this case, Wilbur Ruff, the Pittsburg plant manager in the 1960s, was asked if there had been “a policy in the company…not to talk to the employee about chest findings, findings that suggested asbestosis, pneumoconiosis or mesothelioma.” Ruff testified, “Yes, it was policy.” [Brodeur p.167-168] It was known as the “hush hush policy.” The evidence of fraud and conspiracy started to emerge.

During this period, numerous incriminating Johns-Manville documents were discovered that proved fraud and conspiracy. These included the personal records of Sumner Simpson, president of Raybestos Manhattan, who corresponded frequently with Vandiver Brown, General Counsel of Johns-Manville. The letters disclosed that these companies conspired to suppress knowledge about the hazards of asbestos as early as the 1930s.

Fast forward and now, more than 40 years later, asbestos litigation is still a battleground that remains fraught with continued evidence of corporate and insurance company fraud and conspiracy.

 

Drywall Work and the Risk of Asbestos Exposure

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asbestos_exposureWhen looking around the house, it can be easy to take certain things for granted so much that you forget they’re even there. You can lose sight of the exterior paint job as you go about busy work days. Carpets that used to be springy under your feet disappear as you navigate through various rooms. These rooms are divided and separated by the drywall.

But even though it’s easy to forget the drywall is even there, you must be conscious of whether it starts to become old, worn or damaged. The reason for this is that certain products used to assemble the drywall can put nearby people at risk for asbestos exposure if their condition is deteriorating, and we’re not just talking about the people who occupy the homes. If you’re an employee who worked with drywall during the 1980s, or you have to handle drywall that was manufactured before this time period, you may become vulnerable if asbestos mineral fibers break off into the nearby air.

Physical handling of old drywall-related products can create deadly dust
Drywall itself very rarely contained asbestos fiber, and this was confined to a few specific products with special applications. Often talc was used in the shipping of finished drywall so stacked sheets would slide off each other with ease. Sometimes that talc was contaminated with tremolite asbestos.

However, the big exposure related to drywall was in the taping compounds, which were referred to as mud or joint compound, that were used to cover and smooth the taping that covered the seams between sheets and any nail or screw holes in the sheets themselves. This was sanded to get a smooth, paintable finish and created dust which was a big hazard to the tapers and those nearby, as well as in later remodels and demolition.

Typically, products that contain asbestos don’t pose a health threat to anyone as long as they remain intact and in good condition. However, during construction, renovation or demolition, it’s easy for asbestos-tainted items, such as drywall-related products, to release mineral fibers into the air.

Several studies that appeared in the American Industrial Hygiene Association Journal showed how dangerous asbestos can be. One paper from 1980 demonstrated that drywall taping produced the most dust during the mixing, sweeping and the sanding phases. This is worrisome considering that there were about 75,000 construction workers in the U.S. working in the drywall trade by 1979.

Another paper published in 1979 revealed that air concentration measurements of asbestos fibers within the breathing zones around drywall tapers exceeded government regulations.

If you worked in the drywall trade prior the the 1980s, and you have an asbestos-related illness, you should consider consulting an asbestos attorney.

Protect yourself whenever possible
If you’re not sure whether a section of drywall has asbestos in it, it’s better to assume that it does. From there, you can get in touch with professional contractors that are specially trained and certified to handle products tainted with asbestos, who can collect material samples for laboratory analysis to measure asbestos concentration. Remember that you shouldn’t collect these material samples yourself if you aren’t properly trained.

If asbestos is in the drywall-related products, the abatement and removal processes should also be handled only by professionals.

Kazan Law Attorneys Selected for Best Lawyers in America

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Best_Lawyers_2013We are proud to announce that four Kazan Law attorneys were recently selected for inclusion in The Best Lawyers in America in the category of Mass Tort Litigation/Class Actions – Plaintiffs.

Steven Kazan (first listed 2006)
David M. McClain (first listed 2006)
Dianna C. Lyons  (first listed 2009)
Denise Abrams (first listed 2009)

A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor awarded to a lawyer by his or her peers. The list is compiled from peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for an attorney are positive enough for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay any fee to participate in or be included.

It is important to note that the lawyers listed in Best Lawyers have no say in deciding which practice areas they are included in. They are voted into practice areas entirely as a result of the votes they receive from their peers. Read about other awards our top asbestos law firm has received.

Protecting Contractors and Workers from Asbestos Exposure

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asbestos exposureWhenever contractors are hired to perform a job, their managers and the operations and maintenance, or O&M, managers of the property owners at a job site have to make sure that safety is a priority. Depending on the task at hand, this can mean several things: reviewing structural blueprints, going over the layout of the electrical wiring, using power tools cautiously and so on.

If a building was constructed before the 1980s, odds are that asbestos exposure will also be an issue. However, there are several federal policies that contractors must follow to protect their employees and other workers from coming into contact with this hazardous material.

What products put workers at risk?
In the U.S., asbestos use was more rampant during the 20th century, when it was added to construction materials in order to make them stronger, fireproof and friction-resistant. However, a growing number of responsible companies acknowledged that scientific evidence linked asbestos exposure to deadly diseases such as malignant mesothelioma.

While this led to a decrease in the use of asbestos, the federal government has yet to ban the material altogether. Furthermore, buildings that have been constructed before the 1980s are still likely to contain products tainted by asbestos. Typically, the health of individuals is not at risk as long as these products are in good condition. However, demolition or renovation work can disturb these materials and release asbestos fibers into the air, making them more likely to be inhaled.

Contractors and their workers should know that the list of products containing asbestos includes, but is not limited to:

  • Roofing felt
  • Roof coatings
  • Non-roofing coatings
  • Vinyl floor tiles
  • Pipeline wrap
  • Cement shingles
  • Cement corrugated sheets
  • Cement flat sheets
  • Gaskets

If a job site has any asbestos-containing materials, workers need to avoid activities such as sawing, sanding or drilling. Additionally, they have to keep items adequately wet, use only power tools that are equipped with special local ventilation attachments, use mini-enclosures and isolate affected areas.

What other measures are in place to protect employees?
The federal Occupational Safety and Health Administration has several policies to help protect workers from asbestos. The agency lists permissible asbestos exposure limits at 0.1 fibers per cubic centimeter of air averaged over eight hours, or 1 fiber per cubic centimeter averaged over 30 minutes. If contractors know that their workers will be exposed to asbestos concentrations higher than these, they must provide employees with protective clothing and other equipment.

The federal Environmental Protection Agency also lists several work practices that contractors and their employees must use as needed, based on the likelihood that asbestos will be disturbed. These include consulting an asbestos project manager, modification of the HVAC system, the need to contain a work area, respiratory protection, protective clothing, wetting methods and use of a HEPA vacuum.

O&M managers usually have to file paperwork control/permit paperwork in case any on-site jobs can disturb asbestos, as listed by the EPA. This paperwork also extends to jobs carried out by contractors, and has several considerations for proof of workers’ notification of the presence of asbestos, documentation of respiratory protection, notification to tenants and visitors of any abatement activity, provision for inspections and other factors.

Experts from the Environmental Working Group estimate that asbestos-related diseases – malignant mesothelioma, lung cancer, asbestosis and others – claim more than 9,900 lives in the U.S. every year. That figure isn’t expected to peak for another 10 years or so. One of most frustrating aspects of these illnesses is that they don’t show any noticeable symptoms until they are well into their advanced stages. For these reasons, it’s important for contractors to comply with government policies that can protect their workers from asbestos exposure.

Is Your Building in Danger of Asbestos Exposure?

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asbestos_exposureIf you live in an apartment complex or share an office building, you likely rely on a building manager to make sure everything is in working order. Between making sure the plumbing is functioning properly, the HVAC system is circulating fresh air and the custodial staff is keeping everything clean, the building manager is in charge of ensuring that the needs of a particular space are being met.

Clearly, some issues need to be addressed immediately while others require ongoing vigilance. Asbestos exposure fits in the latter category. If your building manager is responsible, he or she should be staying up-to-date on the latest federal and state policies regarding asbestos and staying communicative with both you and the maintenance staff.

Asbestos can be found in many older buildings
Until the 1980s, the use of asbestos in construction materials was rampant in the U.S. Although responsible companies started phasing it out of their manufacturing processes due to concerns about its associations with fatal illnesses such as malignant mesothelioma, asbestos-containing materials are still present in older buildings.

As long as these products are in good condition and left undisturbed, they pose no health risks to nearby individuals. This is why your building managers need to be aware of where asbestos exists in your complex, which will help them warn you to stay away from hazardous areas.

There are several products that were typically made with asbestos prior to 1981. These include, but are not limited to heating system insulation, vinyl flooring and tiles, “popcorn” ceilings, heating and air conditioning duct wrap, paper backing of linoleum and wall-texturing compounds.

How should building managers take care of asbestos?
It’s advisable for all building managers to create an Operations and Management, or O&M, program to prevent asbestos exposure.

 A successful O&M program includes seven elements:

1. Training of custodial and other staff
2. A plan for occupant notification
3. Monitoring of asbestos-containing materials
4. Job-site controls for work that involves asbestos-containing materials
5. Safe work practices to prevent the release of mineral fibers from asbestos-containing materials
6. Good recordkeeping to document all O&M activities
7. Medical and respiratory protection for workers

Before creating an O&M program, building managers should appoint an asbestos project manager, who could oversee all activities pertaining to asbestos, including building inspections, abatement projects and staff training. This position usually goes to building engineers, superintendents or safety and health directors. If the site is small, the building managers themselves may hold this position.

After an asbestos project manager has been appointed, the building has to be inspected. The results can inform the creation of the O&M program. In case asbestos is an immediate cause of concern, managers can formulate a plan for abatement or removal.

One of the most important things that building managers can do is keep occupants like you informed so that you know where the asbestos is and remember not to disturb it. The EPA says this can be done by posting signs and distributing written notices. These notices should include information such as where the products are located, what condition they’re in, whether dust is present, how often inspections occur and other important topics. Ideally, these materials should also be available in your primary language if it’s anything other than English.

If the building you’re worried about is a rental complex that you live in, building managers don’t have to warn you about asbestos if they had a licensed inspector come out and conclude there is no asbestos on the premises. Otherwise, they do have to keep you informed.

What to Know Before Hiring an Asbestos Professional

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asbestos_professionalsIf you or other consumers become alarmed upon the discovery of asbestos in a building, that’s perfectly normal and understandable. However, it’s important to not remove or handle this material yourself. Asbestos generally doesn’t pose any health threats as long as it’s isolated and intact. If you try to handle the asbestos without proper training, you may potentially release dangerous material fibers into the air.

Instead, it’s a better idea to hire an asbestos professional to take care of this job.

What does an asbestos professional do?
There are five types of professionals approved to handle asbestos: workers, contractors/supervisors, inspectors, management planners and project designers. When it comes to removal and abatement projects, you should consult inspectors or contractors.

Inspectors evaluate homes and buildings, collect material samples for laboratory analysis, and make recommendations about remedying problems with asbestos. Meanwhile, contractors perform the actual repair and removal work. If such modifications are needed, the inspectors make sure the contractors follow procedures, clean up the site properly and monitor the air to ensure that the work hasn’t released asbestos fibers into the air.

If you decide you need to hire an asbestos professional, be sure that the assessment work and actual repairs are performed by two different companies. That way, you’ll avoid a conflict of interest.

When hiring an asbestos inspector, make sure that the work includes a complete visual inspection as well as careful collection of material samples. If asbestos is present, the inspector should give you a complete written evaluation.

Before hiring a contractor, you need to obtain a contract that specifies what work needs to be done. At the end of the job, it’s important that you receive written documentation that all the correct procedures were followed.

What kind of training do asbestos professionals have?
Specifically, an asbestos inspector needs to be knowledgeable about:

  • Identification of asbestos
  • Potential health effects related to asbestos exposure
  • The functions and qualifications of asbestos inspectors
  • The legal responsibilities for asbestos inspectors and other parties
  • Building systems, including HVAC systems
  • Relationships with the public and building occupants
  • Pre-inspection planning
  • Assessing the condition of asbestos-containing products
  • Bulk sampling of asbestos
  • Respiratory protection for inspectors
  • Recordkeeping
  • Regulatory reviews
  • Field exercises

Contractors also have to learn about identifying asbestos, health effects and protective equipment. Additionally, they have to learn about:

  • State-of-the-art work practices, including techniques to minimize the release of asbestos dust
  • Personal hygiene
  • Medical monitoring
  • Air monitoring
  • Miscellaneous health hazards, such as electrical wiring

Homeowners should note, though, that federal law doesn’t require that inspectors or contractors who work in detached single-family homes receive any training or accreditation. However, there are still state laws about training that need to be followed.

When hiring an asbestos professional, ask them to show proof of training and accreditation at both the federal and state levels. Additionally, you can run a background check on a potential hire by consulting your local air pollution board, your local agency that’s in charge of worker safety and the Better Business Bureau. Ask these agencies specifically about any safety violations and legal actions filed against a potential hire.

Crucial Tips for Giving and Receiving Mesothelioma Support

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mesothelioma supportIf you or someone you love has recently received a mesothelioma diagnosis, it can leave you feeling like the ground just gave out from underneath you. One moment you’re planning weekend trips and vacations with your friends and family, and the next minute you’re facing the most significant battle of your life.

Regardless of how you learn about the condition, some things are certain: Life after learning about mesothelioma will never be the same again. And while the causes of mesothelioma may be unclear to you at first, the irrevocable impact that this condition can have on your life will only become more apparent as time goes on.

While it’s completely natural to be in shock after learning that the condition has affected you or someone you love, understanding how to communicate your fears, hopes and frustrations to others during cancer treatment can be crucial in obtaining mesothelioma support.

By taking care of yourself and learning how to express your innermost needs, you can help the people around you become a better source of mesothelioma support during the trying times ahead. Consider these helpful tips to learn more about communication throughout cancer treatment.

Communication with your healthcare team
Doctors, nurses, healthcare professionals and other qualified medical staff can offer insight into mesothelioma, but sometimes, it can also seem pretty scary to open up and talk to them about how you’re really feeling, especially when it comes to a new or experimental course of mesothelioma treatment.

If you’re struggling with mesothelioma and you find yourself stumbling to find the right ways to talk to your healthcare provider about your experiences, explore ways of addressing this before your office visit.

Some people may enjoy meditating or taking deep breaths before an appointment, since these methods can help to clear away the cobwebs and allow a person to become more centered and focused before an appointment. These can also be good ways to reduce anxiety and eliminate some of the nervous tension you may be carrying around your back and shoulders as a result of stress.

Talking with family
While it can seem daunting to open up to a team of oncologists that you don’t know, overcoming this hurdle can help you learn more about different treatment options and give you the opportunity to gain more confidence, both in terms of how to manage your condition and the symptoms of it, but also in how you talk about the impact of mesothelioma with your family.

Reactions to a diagnosis and treatment plan can vary from person to person, with some individuals having harder times getting in touch with their true feelings than others.

In a family setting, this can be especially significant, because people may think that bottling up their thoughts and emotions will make the experience of managing the condition less stressful on loved ones.

However, if you begin to shut out your family and friends for mesothelioma support, you may find that they become more upset and less equipped to handle the stress of the condition in everyday life. Communicating openly about how you’re feeling can give loved ones a chance to prepare mentally and emotionally for the impact of mesothelioma over time and give them a better sense of the challenges that you face.

Searching for support groups
Your sense of self-esteem and self-worth can take a pretty bad hit after learning about mesothelioma, and problems like anxiety, depression and suicidal thoughts are not uncommon among people who are facing this and other forms of cancer.

While it’s essential that you understand that you’re not burdening your close friends and family by talking about your fears, it’s understandable if you’re having a difficult time opening up to them completely.

Some people prefer to find solace in mesothelioma support groups, since the individuals who meet in these environments have faced – or have a loved one who has endured – mesothelioma.

The sense of community that you can feel by taking part in groups run by the American Cancer Society, Cancer Survivors Network, National Cancer Institute or other organizations may give you the strength to overcome your fears and prevent mesothelioma from taking over your life. But it’s very important that you research these groups fully before participating, since some lawyers may create false non-profit organizations and use them to lure people into signing contracts.

What to Know When Hiring Asbestos Laboratories

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asbestos_exposure

Typically, asbestos-tainted products won’t pose a health hazard to anyone if they are left undisturbed and intact. However, you must be on alert if you plan on making any major home renovations, or if parts of your building, such as the insulation or drywall, are falling apart.

If you’re unsure about whether something contains asbestos, you should assume that it does. Whatever you do, though, don’t try to remove it yourself. Instead, try to inspect it visually. If it looks like it’s intact, isolate it by limiting access to the surrounding area for relatives and pets. If the material looks more than slightly damaged, or you’re planning home projects that may disturb it, consult an asbestos inspector. These professionals are specially trained to handle asbestos. They can also collect material samples to send to a laboratory.

What do asbestos laboratories do?
There are two types of tests that asbestos laboratories can conduct in order to measure asbestos fibers. Polarized light microscopy tests can analyze asbestos in bulk solid materials, while transmission electron microscopy detects asbestos fibers in air samples.

You shouldn’t just hire any lab that can perform these tests, though. For safety’s sake, make sure that asbestos laboratories meet the testing standards of the National Voluntary Laboratory Accreditation Program, or NVLAP, which is an initiative of the National Institute of Standards and Technology. This agency works with a contractor to send asbestos laboratories testing samples that will help determine whether they’re proficient in measuring asbestos.

Federal laws require that all schools be evaluated for asbestos only by asbestos laboratories that are accredited by the NVLAP. No such requirements exist for private homes or buildings that are not schools. However, NVLAP-accredited asbestos laboratories are still the best option in these cases.

Experts estimate that diseases related to asbestos exposure claim the lives of more than 9,900 individuals in the U.S. every year. That figure won’t peak for another 10 years – a consequence of the fact that these illnesses tend to not present any signs until decades have passed. This underscores not only the importance of avoiding asbestos, but also of eliminating its use and production in every country.

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