DuBose Law Firm, PLLC

Main navigation

You are here: Home / Archives for asbestos abatement

asbestos abatement

Louisiana Asbestos Abatement Inspector Pleads Guilty

By

The U.S. Attorney in New Orleans says a contractor has plead guilty to a theft charge for defrauding a Louisiana school system out of more than $200,000.   Federal prosecutors alleged that from 2015 to 2017, a Louisiana asbestos abatement inspector submitted false asbestos reports to Louisiana’s Terrebonne Parish School Board (TPSB.) The charges alleged that not only were lab reports faked, but the signature of an accredited asbestos inspector was forged.

Filing false asbestos reports is a federal crime

Prosecutors alleged this is not the first time he falsified documents. In 2013, the same individual received 12 months’ probation and was required to pay $3,040. to the Louisiana Department of Environmental Quality and a $100 fine when he plead guilty to falsifying documents provided to the Louisiana Department of Environmental Quality (DEQ.)

When the 12 months of probation were completed, the defendant began contracting work for the TPSB. Federal charges allege that fabricated asbestos laboratory reports were filed for fees totaling approximately $212,618.26. These funds came in part from federal funds provided to the TPSB.

A sentencing hearing is set for December 16, 2020..

Why is this crime important?

If the reports were falsified, that means for at least two years testing was not performed at schools in Terrebonne Parish. Many older school buildings have at least some asbestos – ceiling tiles, insulation, mastic and more. Left undisturbed, these products do not pose a health hazard. But, if there is remodeling or repair, fibers can be released into the air leading to inhalation.

There is no safe level of asbestos exposure. Over two years, there was a potential for work which disturbed existing asbestos containing products. Improper asbestos abatement with no air monitoring is dangerous and creates a health risk.  There is no safe level of exposure to asbestos and even low level exposures can increase the risk for development of mesothelioma, lung cancer and asbestosis.

What can you do to prevent false asbestos abatement reports?

Whether responsible for a school district, business, or your own home, check credentials of anyone monitoring, abating, or working on a building that possibly has asbestos. Any building built before 1980 should be tested for the presence of asbestos-containing materials before major remodeling or demolition work.

Asbestos Shingle Siding – Keep It or Not?

By

asbestos siding
Asbestos Shingle Siding

Have you seen homes with asbestos shingle siding that looks like this?

It is often present in neighborhoods built in the 1920s into early 1980s. A number of construction product manufacturers found that by adding asbestos to their cement, a long-lasting, fire-resistant, attractive product could be made. One product was asbestos-cement shingles. Product manufacturers including Johns Manville, Keasby & Mattison and others mixed the asbestos mineral into their cement, pressed it into sheets, and were able to create a variety of looks, finishes, and sizes for asbestos shingle siding.  

Asbestos turns from miracle to deadly product

When the many benefits of asbestos were first discovered, it was touted as a miracle. But, after many decades, as people handling it became sick, medical literature began to establish that breathing asbestos dust posed a very real human health hazard.

By 1972, the Occupational Safety and Health Administration (OSHA) placed limits on the levels of asbestos a worker could be exposed to in a given day. In the following years, asbestos was phased out of many products including siding. However, there is still no outright ban on asbestos in the United States.

Asbestos can cause a number of diseases – lung cancer, asbestosis, and mesothelioma, an incurable cancer of the lining of the lung. Many homes, schools, government buildings, manufacturing facilities, and businesses built with asbestos products remain in use. This means knowing how to deal with the possible presence of asbestos extremely important.

How to handle asbestos shingle siding

Asbestos shingle siding is one of the main products do-it-yourself (DIY) home renovators of older homes may find. Because it is widely known that asbestos is dangerous, they may decide to tear it down. That would be a very bad decision. Asbestos is not harmful if undisturbed. However, since this is a fibrous mineral, it is when the tiny fibers are released into the air that trouble begins. An asbestos shingle that has no cracks, breaks, crumbles, punctures, disintegration, etc. is rarely a problem. If the shingle is damaged, stop work and hire an accredited asbestos abatement professional. There is no safe level of exposure and handling siding debris or tearing it off can expose you to harmful levels of asbestos. Some shingles may appear similar to those with asbestos but are solely cement. The abatement contractor can determine composition, but it is not discernible for a person without the right equipment. Don’t take a chance.

The problem with asbestos

These invisible fibers are easily inhaled. They can also attach to clothing, furniture, carpets, and air ducts leading to inhalation by the person who worked with the mineral. They can also be inhaled by anyone who comes in contact with that person – such as family members. The danger is very real and also very sinister as it may be decades – even 50 years – before a diagnosis of mesothelioma is made.

While it may be tempting to pull down a couple of damaged shingles from an otherwise secure wall, it is not worth the risk. As said previously, there is no safe exposure level to asbestos fibers. Bring in an expert abatement professional who knows what can be done safely with asbestos siding and protect your family and yourself.

Asbestos Stopped the Clock

By

Asbestos in LSU clock tower
LSU Clock Tower

After almost a hundred years of service, the Louisiana State University (LSU) Memorial Tower in Baton Rouge was ready for restoration, but asbestos stopped the clock tower project when the potentially deadly mineral was found in the interior.

History

The tower was built in the early 1920s in memory of 1,447 Louisiana soldiers who died in World War I. The interior of the tower houses a military museum.

The Memorial Tower clock holds a special place in the heart of students and the community for its chimes. The bells ring every quarter hour until 10 pm and at noon they ring the tune of the university’s alma mater song. On Valentine’s Day, tradition states that receiving a kiss under the tower at the ringing of the chimes at midnight – the only night they ring past 10 pm – confirms a student is now an “official” LSU student.

The 175’ tall building was designed in the Italian Renaissance style and is a landmark in the city.

From its history, it is evident the tower is an important part of Louisiana’s past – from its construction in 1923, to today, and into the future. The restoration will ensure the building and its traditions carry on for future generations of students.

The restoration

Finding asbestos was not completely unexpected, as many buildings in the United States were built using the mineral from the 1920s until the late 1970s. Until renovations began, the asbestos was undisturbed and therefore not a danger. But once substances containing asbestos are handled, fibers can become airborne and inhaled by workers or others who are in the affected area.

When found in the tower, work on the interior was stopped and tests are currently underway. Most other buildings on the LSU campus were also constructed during this time period, meaning that as they are restored, they may also need testing and possibly abatement.

Because the asbestos was discovered at the beginning of the restoration, the university states there is no threat to students or faculty members. As a precaution, remodeling or renovations performed on any commercial buildings, schools, or residences during the time period asbestos was commonly used in construction, may require testing on possible asbestos-laden products before initiating a project.

Exposure to asbestos is a known cause of cancers, such as lung cancer and mesothelioma. At this time, mesothelioma remains a fatal disease. Mesothelioma can go undetected for decades – even 50 years – which makes it a silent killer. Early detection is critical.

Asbestos stopped the clock, but it will chime again

Exterior renovations continue and the entire $6.8 million project should be completed by the 2020 Fall semester. Baton Rouge, especially LSU students and alumni, look forward to enjoying their celebrated clock tower once again.

Photo by: Kkmurray – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=2666826

 

Mishandled Asbestos Removal Temporarily Closed Uptown Lafayette Academy Campus

By

Asbestos abatement is always a job for professionals, but in this case mishandled asbestos removal temporarily closed the Lafayette Academy’s Uptown New Orleans location.

There is much finger-pointing in this situation which began in 2017 when the Recovery School District (RSD), run by the state, began renovations of the school as part of the School Facilities Master Plan for Orleans Parish.

The 2017 mishandled asbestos removal

The Lafayette School asbestos removal and renovations began in 2017 with the building’s third floor. While abatement was to begin in May 2017 after students were dismissed for the summer, it has come to light that it began as early as March 2017 while students were in the building – some students even in the asbestos containment areas. Though the RSD claimed, “all environmental laws and regulations regarding hazardous materials were followed,” an inspector wrote in a state report that containment areas were unsecured, students walked the halls in the area, and at least one student peaked into the containment area. The inspector also found the project supervisor falsified his asbestos removal certification and there were boot prints in and out of containment areas which showed workers could easily track asbestos into the halls. The inspector also found an empty classroom was used to store improperly labeled and wrapped asbestos.

In spite of this, the RSD when notified didn’t stop the abatement activities or evacuate the building. However, some scheduling changes were made, such as limiting work hours so that removal was only after school dismissal. The RSD cited air quality tests that showed the air was safe on the day of the 2017 inspection and that their actions were approved by the Louisiana Department of Environmental Quality (LDEQ).

The charter school is run by the Choice Foundation. The CEO of the charter school said there was no notification to him or his staff about the specific issues cited in the report, though he did know some changes had been made. Parents, however, say they should have been informed. One concerned parent said, “For you to get on the news and say that the children were not in school while construction was taking place – that’s a total lie!” As recently as July 13, 2018, RSD chief facilities officer, Ronald Bordelon, stated that the 2017 asbestos removal was “properly completed” before the students returned in August of 2017.

The 2018 mishandled asbestos removal

Asbestos removal resumed in May of 2018 on the first and second floors of the Lafayette School campus on Carrollton Avenue. An LDEQ inspector noted on June 14, 2018 that asbestos was found on the flooring and insulation of the second floor and that holes were in the plastic material that stops asbestos fibers from releasing into other areas during removal, that workers walked in and out of the containment area without changing clothing – even walking around the campus and eating lunch with no clothes change. It is known that asbestos fibers can attach to clothing and be spread to other people, or furniture, which exposes others to inhalation of the deadly fibers.

On July 16th the Choice Foundation was informed by RSD that the contractor failed to follow protocol for asbestos removal. Because the building and its contents may be contaminated, the school is closed until it can be completely cleaned and safe for occupancy. The Orleans Parish School Board was unaware of the 2017 LDEQ report until July 23, 2018. The school board stated, “The Recovery School District was, and still is, responsible for the management and oversight of the building’s renovation. The school board was not involved in the renovation process and therefore was not aware of the LDEQ’s report.”

The contractors

The abatement company was Advanced Environmental Consulting (AEC) out of Baton Rouge. They were hired by the general contractor, Law Industries, also from Baton Rouge. Last week, Law dismissed AEC and the RSD dismissed Law.

The students

This year, the students will be split between several locations until their school is once again a healthy environment. Some will be relocated to the McDonogh building on Kerlerec Street, some to the Paul Dunbar building. The Choice Foundation will make determinations on the locations for the various age groups.

Lafayette Natural Science Museum and Planetarium Demolition Delayed Because of Asbestos

By

The Lafayette Natural Science Museum and Planetarium demolition delayed because of asbestos, increased the time to tear it down from 72 days to a delay of seven months. It also added a 40 percent increase to the demolition contract, increasing it from $295,500 to $412,591.

Demolition delayed because of asbestos adds to history of the building

The building was constructed in 1969, a time when asbestos was widely used. However, by 2001 it had fallen into disrepair and was vacated in 2001. In the past 16 years, the place became a place for curiosity seekers and others who abused the abandoned structure.

By 2015, the City-Parish Council approved demolishing the building and replacing it with a green space for residents. Delays occurred in the years since as drainage improvements were added to the scope of work, followed by the asbestos discovery.

A lesson for all

This type of scenario is not unique to Lafayette, Louisiana as thousands of buildings across the country were built during the years asbestos was freely used in construction of government, commercial, and residential building.

This unfortunate surprise happened because the city’s engineering department assumed that there was no asbestos since the air-conditioning system was reported to be clear of the mineral. However, because the Louisiana Department of Environmental Quality required a DEQ permit that included an asbestos assessment before demolition, asbestos was discovered in the walls as a waterproofing material.

The lesson for anyone who intends to disturb a building built from the 1930s through the 1970s, is to check for asbestos before any work is begun. Proceeding without an inspection, and possibly abatement, can cost considerably more than expected in both money and the lives of those who may be exposed to the fibers.

There is no safe level of asbestos exposure and the result can include lung cancer, asbestosis, and the fatal disease malignant mesothelioma.