Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The U.S. Environmental Protection Agency (EPA) recently fined five Arizona charter school operators for violations of the Asbestos Hazard Emergency Response Act. There is no immediate danger to students, faculty or the community, but the schools failed to conduct federally required safety inspections to ensure there was no asbestos-containing material present, and did not have in place an asbestos management plan, also a requirement. Fines totaled close to $40,000 for all five schools.

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According to a recent report in the Insurance Journal, a former Anheuser-Busch employee will have the opportunity to reopen his claim against the company for an asbestos-related lung disease. On May 4, the New Hampshire Supreme Court reversed a decision by the New Hampshire Compensation Appeals Board (CAB), which had earlier ruled the man had waited too long to file a complaint.

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Two colleagues in the legal community who fight for justice for the victims of asbestos exposure were killed this week, when their plane crashed in Mayfield Village, Ohio, on Tuesday, April 28. Michael Doran, 51, of Doran & Murphy law firm in Buffalo, New York, and 26-year-old firm associate Matthew Schnirel were killed when the plane piloted by Mr. Doran crashed shortly after takeoff from Cuyahoga County Airport in Cleveland, Ohio.

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A recent report by the BBC raised alarms in the area of Kent, in the United Kingdom, after an examination of schools in the South East showed 92 percent of facilities contain asbestos. However, the Kent County Council’s (KCC) property group maintains the asbestos is “contained” and managed so that it poses “minimal risk” to youngers and teachers.

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Plans to expand Middle Park High School in Granby, Colorado, were delayed this summer when construction crews found more asbestos than expected during renovation work on the existing facility. The Sky-Hi Daily News, which covers Granby along with Winter Park and other cities in the region, says crews planned asbestos abatement as part of a 12-week project, but uncovered asbestos in vinyl flooring, which they had not anticipated.

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The Buffalo News reported today that OSHA (U.S. Occupational Health & Safety Administration) levied $110,000 in fines against Niagara Falls Memorial Medical Center for alleged improper handling and disposal of asbestos. Part of the hospital was closed for renovation in December 2007, when OSHA says no safeguards were taken when disposing of asbestos, according to the published report.

The News says OSHA submitted 17 citations against the hospital, all related to asbestos, and one a repeat citation related to the facility’s failing to notify employees of the presence of asbestos and its potential health risk. The hospital was previously cited for this in April 2006. The newspaper reports OSHA investigated the hospital after an employee complained of working with asbestos without adequate protection.

Asbestos is the only known cause of mesothelioma, a terminal cancer that affects the lining of the lungs and, more rarely, the abdomen, as a result of inhaling asbestos fibers.

The hospital will meet with OSHA officials this week to discuss the citations and will have the opportunity to contest the fines at that time.

In August 2007, Occupational Health & Safety magazine reported that a Virginia man was jailed for using homeless people to do improper asbestos removal in a government building in Roanoke.

According to the report, two-time convicted felon John Edward Callahan was sentenced to 21 months in prison for improperly removing cancer-causing asbestos from a government building in Roanoke, Va., without following federal environmental laws according to the U.S. Attorney’s Office and the U.S. Environmental Protection Agency. Callahan also used homeless men to conduct the work.

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A San Francisco jury awarded a $20 million verdict to Joan Mahoney, a 69-year-old woman with mesothelioma, and her husband, Daniel. The case was presided over by Judge Thomas Mellon in San Francisco County Superior Court. The judgement finds Georgia Pacific liable for the production of asbestos-containing joint compound used in construction. Mrs. Mahoney handled the material in her part-time work with the family construction business.

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On March 1, 2007, John Thayer, the supervisor of the U.S. Capitol power plant tunnel crew, addressed the U.S. Congress to bring to light the hazardous working conditions affecting his staff, including daily exposure to asbestos. He spoke in support of the Ban Asbestos in America Act, which was presented in the Senate by Sen. Patty Murray. Here is an excerpt of his remarks:

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