Asbestos Warning Signs Alarm Residents

An article came out today in BuffaloNews.com about a story that could happen anywhere in this countryBuffaloWorries.jpg.

Asbestos warning signs were posted recently at Marine Drive Apartments. No explanation was provided, which naturally caused a number of residents to wonder about their health and safety.

Housing Authority officials said a state mandate from the Office of Public Employee Safety and Health dictated when and where the signs were to be placed. The mandate did not allow time to inform residents before they went up.

Plans to hold a public informational meeting are in the works, they said.

“We’re not trying to inflame residents,” said Dawn E. Sanders, executive director of the Buffalo Municipal Housing Authority, which owns and manages the Marine Drive complex. “We didn’t have time before signs were put up to have a meeting with residents. The PESH report said we had to put up signs immediately, and that was the soonest we could have put them up. We didn’t randomly pick where to put them.”

The notices read, “Danger. Asbestos Cancer and Lung Disease Hazard. Authorized Personnel Only.” They were posted late last Friday afternoon at the elevators and the front and back doors of each of the seven buildings of the waterfront complex.

Problems began in August, when seven workers at Marine Drive removed asbestos around eight water valves to address a leaking problem. A state agency investigation determined that the employees had not followed proper rules for dealing with asbestos, and the Housing Authority was handed 17 citations. One of the required corrections involved posting asbestos-warning signs in specific areas.

The warnings also noted that confirmed or presumed asbestos- containing materials are present throughout the building, including floor tile, linoleum, plaster ceilings, heating pipes and all interior and exterior caulking.

The information had some residents worried about whether the affected areas included their individual units.

Only common areas, the boiler room and the maintenance room are affected, said Assistant Executive Director Modesto Candelario.

The good news is that most of the affected areas have already had abatement work done. Morever, residents will not have to be relocated, he added, because the abatement “won’t be done in their apartments.”

Products Distributor Warns Of Asbestos Gaskets

According to Financial Times, Wolsely, the plumbing and heating products distributor, has warned some customers in the US and Canada that it may have inadvertently sold them asbestos gaskets.

Following two years of internal investigations, the company disclosed the problem regarding these gaskets today. The company expects legal action to result.

The problem with the parts, used as plumbing seals, was disclosed on Tuesday after two years of internal investigations. It is expected to lead to legal action.

Wolseley reported that four customers in the US and Canada found that the supposedly asbestos-free gaskets contained more than 1% asbestos, the threshold at which the products are required to have a label that it contains the dangerous substance. 

The company blames the former Canadian supplier, Lortech rubber.

Ian Meakins, Wolseley CEO, says that it plans to sue Lortech. He also mentioned that he expects that several customers will file action against Wolseley.

Key Asbestos Product Liability Case Awaits CA Supreme Court Decision

Earlier this month, the California Supreme Court heard oral argument in O'Neil v. Crane Co. How the CA Supreme Court decides the case will likely either expand or limit the duty of the product manufacturers to warn about the hazards of replacement parts that others made but that are then incorporated by the purchaser in the manufacturer's original product. USS Oriskany.jpg

O'Neil is a case about a plaintiff's exposure to asbestos-containing gaskets and packing materials used in and around Crane Co's valves and pumps, which the Navy incorporated into the steam propulsion system aboard the USS Oriskany. The plaintiff had served on the Oriskany while he was enlisted.

Though the pumps and valves delivered to the Navy originally incorporated asbestos-containing gaskets and packing, all parties agreed that by the time plaintiff served aboard the Oriskany, the original asbestos packing and gaskets had been removed and replaced with packing and gaskets manufactured by third parties. Nevertheless, the plaintiff argued the pump and valve manufacturers had a duty to warn him regarding the hazards of asbestos. 

The Court did not appear to sit well with the proposition that the pumps and valves could be deemed defectively designed if the pumps and valves were “asbestos neutral,” and could function just as well in other systems utilizing non-asbestos containing materials.

This may be a large focus for the court with regard to assigning a duty to warn about replacement parts made by others only if the replacement part is identical to the original hazardous part, and the replacement part is essential to the function of the defendant’s product. We await the decision, which will come out in about two and a half months from today.

More on Railroad exposure

One source of exposure among railroad workers occured in the buildings that were used to repair locomotives and rail cars.  I have heard stories from railroad workers about the flakes of white particles - some described them as snowflake like - that would fall on and around them as they worked.  What is important is that the amount of asbestos that these workers were exposed to was much greater than what they could see.  Asbestos fibers are not visible with the naked eye.  

iStock_000015417578XSmall.jpgIn these railroad buildings, asbestos was used as insulation in the walls, around pipes and in various other building products.

Asbestos causes mesothelioma and other cancers. The tragedy is that the danger of asbestos was known long before railroad workers were exposed to the product.  All these railroad workers wanted to do was provide for their families.

More on Exposure in Washington - The Railroad Industry

iStock_000009425848XSmall.jpgIn the Pacific Northwest, the railroad industry has been strong and active.  Many national Railroads, such as the Union Pacific and Burlington Northern Santa Fe Railroads have had a long history in both Washington and Oregon.   That history has included not only the motive of rail cars within Washington and Oregon, but, also the maintenance and repair of locomotives, as well as, rail cars, rail equipment and machinery.

Unfortunately, these activities have resulted in a great number of workers being exposed to the deadly asbestos fiber.  Many of these workers have developed mesothelioma and other asbestos related cancers.  

Rail workers who develop any asbestos related diseases, including mesothelioma should seek proper representation and obtain the justice they deserve.  

Exposure in Washington - shipyards

iStock_000004549058XSmall.jpgI have written about the various shipyard locations in the State of Washington where many innocent workers were exposed to asbestos fibers.  Too many of these hard working folks have developed mesothelioma or other asbestos-related cancers.  In some cases, their family members were exposed to the fibers that they brought home in their clothing.  

Mesothelioma and all asbestos-related cancers are deadly diseases that workers and their families should never have had to deal with.  

For too long before shipyard exposure, manufacturers and asbestos companies knew of the dangers and disregarded these dangers.  Profits over safety was all too often the case. 

The asbestos containing products that shipyard workers handled or were exposed to includes, insulation, gaskets, gloves, coatings, ropes, fire protection materials, and cements.  Their may be other products as well.  

If you or a loved one have developed mesothelioma or any other asbestos-related disease, contact us.

 

Exposure in Washington - Foss Launch and Tug Company

Foss Launch and Tug Company began in 1889.  As the years went on, the company grew.  The company, among other work, repaired and refurbished vessels.  During much of this work, in the 1950s, 1960s and 1970s, workers were exposed to asbestos containing materials.  Asbestos containing materials on boats included insulation, boilers, pipe fittings and gaskets.  Unfortunately, exposure to asbestos containing materials can lead to mesothelioma and other asbestos related cancers.
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Lockheed Shipyard - Mesothelioma & Asbestos-related cancers

Washington State shipyard workers were extensively exposed to asbestos.  One shipyard where workers were exposed to deadly asbestos fibers was Lockheed Shipyard which was located in Seattle near the mouth of the Duwamish River. Lockheed was one of the oldest shipyards in the Pacific Northwest when it closed in 1988.  Workers in the shipyard included boilermakers, pipefitters, insulators, welders and dockworkers.  Mesothelioma takes decades to develop.  Many older and and retired workers have developed the disease.  Lockheed constructed naval frigates, transport vessels, icebreakers and various other ships during its operations. Sadly, many workers were exposed to asbestos during their work at the shipya
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Exposure in Washington - Texaco Oil Refinery


The Texaco Oil Refinery opened in Anacortes, Washington in 1958.  During this time period asbestos containing products were being widely used.  Not surprisingly, at the refinery, asbestos containing products such as protective clothing, insulation and gaskets were used at this refinery, as well as, many other refineries across the country.  Many workers at the plant were exposed to asbestos containing products.  Now, many years after exposure, workers are experiencing the effects of the exposure in such diseases as mesothelioma and other asbestos caused cancers.  The long latency period for the development of these diseases is a characteristic of exposure to asbestos.  In addition to holding the manufacturers of asbestos containing products accountable, the refinery owners, can also, be held responsible for their knowledge of the dangers of asbestos.

More on Exposure in Washington

n.jpegOn Friday, I traveled to the San Juan Islands to meet with some clients.  Along the way, I saw many small shipyards and marines where ships, over the years received repairs.  Like the large shipyards, asbestos exposure occurred at these types of locations.  Workers would get up every morning, put on their boots and head to work to provide for their families.  At work, many of these workers were exposed to asbestos fibers and are now suffering the effects.  The dangers of asbestos was not known to these workers, although the manufacturers of asbestos containing products knew of the deadly dangers of the product.  Workers have suffered from mesothelioma, as well as, other asbestos related cancers.

Products with Asbestos

Asbestos has been used in broad ranging products people could be exposed to in the workplace. They include:

  • Building materials:
    • Roofing shingles
    • Ceiling and floor tiles
    • Paper products
    • Cement products

  • Friction products
    • Automobile related
    • Clutch parts
    • Brake parts
    • Transmission parts

  • Heat-resistant fabrics
  • Packaging,
  • Gaskets, and coatings
  • Vermiculite and talc products

The U.S. Consumer Product Safety Commission has also found asbestos in the following consumer products and the items found in the home:

  • Broilers
  • Barbecue fire starters (electric)
  • Deep Fryers
  • Frying pans and grills (electric)
  • Mixers (electric)
  • Popcorn poppers
  • Ranges and ovens
  • Slow cookers
  • Toaster
  • Clothes washers and dryers
  • Dishwashers
  • Refrigerators
  • Curling irons (electric)
  • Electric blankets
  • Heaters, portable electric
  • Texture paint
  • Asbestos paper (including asbestos paper tape) and millboard (i.e., in rolls or sheets) for consumer use, including but not limited to such uses as (This category does not include paper and millboard sold as a component of another product).
  • Wall protection behind heat-generating products
  • Floor protection under wood and coal stoves
  • Soldering and welding blocks or sheets
  • Pipe insulation
  • Airduct insulation
  • High-temperature wallboard
  • Iron rests and burner mats; barbecue mits, pot holders and similar items
  • High-temperature gaskets for wood and coal stoves (including fireplace inserts)
  • Stove pipe rings
  • Safes, Kilns, safety boxes, filing cabinets, and incinerators