5 Most Common Ways People Are Exposed to Asbestos

Until about four decades ago, most structures in Hawaii were built with material containing asbestos, including the state’s military bases, state buildings, homes and even schools.

While the health risks from these materials are well-known today, the use of asbestos – while highly regulated in Hawaii – is still allowed in certain products, creating serious risk for anyone who comes in contact with them.

Asbestos is composed of six minerals that occur naturally in the environment as bundles of fibers that can be separated into extremely fine threads for commercial and industrial uses. The fibers are resistant to heat, fire and chemicals and do not conduct electricity.

The U.S. Never Banned Asbestos. These Workers are Paying the Price.

The stories about the dangers of asbestos exposure are horrifying and all too common: mesothelioma, lung, laryngeal and ovarian cancer, and ultimately death. But despite the well-known risks of the dangerous and deadly carcinogenic fibers, the United States still has not banned asbestos.

While dozens of other countries have outlawed asbestos, the United States allows hundreds of tons each year from Brazil to benefit two major chemical companies, OxyChem and Olin Corp. The companies say asbestos is crucial to chlorine production and that their protocols for handling it keep workers safe from exposure. But those workers claim otherwise.

More than a dozen former workers from OxyChem’s plant in Niagara Falls, New York, told ProPublica that asbestos dust hung in the air, collected on the beams and light fixtures and built up inches thick. Workers often were without protective suits or masks and the dust collected on their coveralls and boots.

The Environmental Protection Agency and Congress accepted the companies’ claims that workers were safe. The Occupational Safety and Health Administration let the companies into a special program that limited the frequency of inspections at their plants, ProPublica reported.

OxyChem declined ProPublica’s requests for an interview. The company said in a statement to ProPublica that it complies with federal regulations on asbestos and that workers who handle it are “trained, work in restricted areas of our plant, protected by personal protective equipment and are offered annual medical examinations.” The company also said it allows employees to stop work if they feel unsafe.

“The health and safety of every plant worker and the people in our surrounding communities is our top priority,” the company said.

Olin did not respond to calls and emails that ProPublica said it sent over the course of a month.

The former workers agreed to hours of interviews with ProPublica and recounted “ever-present asbestos dust with scant protection.”

Federal workplace safety standards require keeping asbestos fibers wet to prevent them from going airborne, having workers wear protective equipment and containing the asbestos inside certain areas. OxyChem had rules in place, but the protocols failed to match reality at the Niagara Falls plant, according to more than a dozen workers who spoke to ProPublica.

Tanks of chlorine, caustic soda and hydrogen contained metal screens coated with layers of asbestos to keep the chemicals apart. When screens needed to be recoated, OxyChem workers used pressure washers, splattering asbestos everywhere. Then, they dipped the clean screen into a wet mixture containing new asbestos and cooked it in an oven until the asbestos hardened. They worked on one or two screens each day.

Asbestos wasn’t a problem when it was wet, but it would dry overnight. The next morning, the workers told ProPublica, it would be stuck to the ceiling and the walls. Clumps would roll across the floor and floating particles could be seen in the air.

There was so much asbestos in the cell-maintenance building that it was impossible to keep it all wet, said Robert Cheff, who worked at the plant from 1981 to 2007. “We were constantly swimming in this stuff.”

Workers wore protective gear for certain tasks, like pressure washing and screen dipping. But they went into the building to carry out other tasks without special suits or anything protecting their faces, despite company requirements. One worker said managers enforced those rules. But a dozen others interviewed by ProPublica recalled that the bosses looked the other way.

The stories shocked six experts in industrial hygiene and occupational health who were consulted by ProPublica.

“Totally unacceptable,” said Rachael Jones, professor and chair of the Environmental Health Sciences Department at the University of California, Los Angeles.

“Fraught with danger,” said Dr. Philip Landrigan, a public health physician trained in occupational medicine and epidemiology who leads Boston College’s program for Global Public Health and the Common Good.

Workers with a high risk of exposure sometimes clipped a small monitor to their bodies to measure the amount of asbestos in the air around them. At least five times in 2001 and 2002, the levels around Patrick Nowak exceeded OSHA’s exposure limit, ProPublica said his company records show. “I failed so many times, they quit testing me,” he said.

Tony Garfalo wore a monitor seven times in 2001, and, on four occasions, the results exceeded OSHA’s limit, his records show. Once, the asbestos level was more than five times the allowable limit.

Under the Biden administration, the EPA determined that all workers in asbestos-dependent chlorine plants faced an “unreasonable risk” of getting sick from it, citing a review of the companies’ own exposure-monitoring data. EPA Administrator Michael Regan proposed a ban for the first time in more than three decades. But it could be months before the rule is finalized and the chemical industry has vowed to fight it.

How We Help Victims of Asbestos Exposure

Seek justice with the help of our experienced asbestos attorneys. Our asbestos law firm has represented individuals like you affected by asbestos exposure for over 20 years, aggressively fighting the corporate giants responsible for their dangerous products. If you or a loved one were exposed to asbestos or suffered from a disease caused by asbestos, like mesothelioma, we can help.

Recognizing Symptoms of Mesothelioma: The Earlier, The Better

According to the American Cancer Society, about 3,000 cases of mesothelioma are diagnosed annually. The current consensus is that mesothelioma is an incurable form of cancer that attacks the mesothelium or lining of certain internal organs.

There are three main types of mesothelioma to watch out for based on the location of the mesothelium affected: pleural mesothelioma, which affects the tissue surrounding the lungs; peritoneal mesothelioma, which attacks the membrane around the stomach; and the last type is located in the lining of the heart, known as pericardial mesothelioma. Each of these forms of mesothelioma has its own targeted set of symptoms to monitor.

While mesothelioma may currently be incurable, it is possible to prolong survival and improve patients’ quality of life by managing their symptoms as long as they catch it early enough. The following addresses the types of the cancer and the question, what are the symptoms of mesothelioma.

  • Pleural mesothelioma’s symptoms such as chest pain, painful coughing or trouble swallowing, and shortness of breath can be expected for a disease that specifically affects lung tissue. Pleural mesothelioma may also come with unexplained weight loss, abnormal lumps on the chest area, or even swelling in the face or arms.
  • Pericardial mesothelioma shares similar symptoms, such as breathing difficulty, irregular heart rhythm, and chest pains due to the location in the chest area.
  • Peritoneal mesothelioma’s symptoms similarly appear linked to the location in the abdomen, which include abdominal pain, swelling in the stomach, nausea, constipation, and unexplained weight loss.
  • Some of the generalized mesothelioma symptoms across all types of the disease that may manifest are fever, excessive sweating, fatigue, blood clots, and loss of appetite.

While many of these symptoms sound incredibly common, especially during a global pandemic that affects the respiratory system, it is crucial to get them checked out by a doctor if you notice any of these warning signs persisting or anything out of the usual. It is imperative to monitor your health for these signs if you have a history of asbestos exposure.

Doctors often arrive at a mesothelioma diagnosis by accident during other routine screenings or X-rays. Although, advancements in health science have revealed that people with mesothelioma have high levels of substances like fibulin-3 and soluble mesothelin-related peptides (SMRPs). Measuring for these substances can be another way to reach an early diagnosis. The best method to catch mesothelioma early is in scenarios where patients can tell their doctors if they have been exposed to asbestos, the toxic fiber with a known causal link to the disease.

However, there are many cases where people are unaware of their asbestos exposure. It can take anywhere from 20 to 50 years for symptoms to manifest after the initial exposure to asbestos. By that time, the cancer has usually spread. Signs including fatigue, chest pain, and weight loss do not typically appear until mesothelioma has already progressed. Pressure on the nerves or other parts of the body typically occurs in stage 3 or 4 mesothelioma cases. Additionally, these symptoms are often misdiagnosed as more common conditions, which can cause further delay. Therefore, it becomes that much more important to pay attention once those symptoms present themselves in order to seek proper treatment as soon as possible.

The History of Asbestos: From Discovery to Personal Injury

Asbestos is a well-known toxic substance now, but the origins of its usage date back thousands of years before it was known to cause diseases like mesothelioma. Some countries like the U.S. have continued to use it in a lesser capacity despite this risk. The start of its use in other durable products such as pottery mixes dates back to 2500 B.C. in Finland. However, the first discovery of its toxicity did not come until 61-112 A.D. when an Ancient Roman scholar studied slaves who became ill working the asbestos mines. It would still take another 2,000 years before scientists would connect asbestos and the illness it causes.

The revelation of the illness caused by asbestos was not made before the toxic mineral’s introduction to the American industry in 1858 when the Johns Company began mining it for use in insulation. The Industrial Revolution further fueled its production and use throughout North America, noting the first industrial asbestos mine opening in Canada in 1879. It was not until 1918 that the U.S. government would recognize the risk of asbestos shortening the life spans of those who worked with the material.

In 1930, the illness known as asbestosis was discovered in connection to asbestos exposure by Dr. Edward Merewether. As a result, industry regulations were placed on British asbestos factories. Still, they did not include the other industries that handled the substance or were involved in its installation. Asbestosis would not be reported in America for another three years. Not until the Metropolitan Life Insurance Company found asbestosis in 29% of workers in an asbestos factory leading to lawsuit settlements.

Asbestosis would not be the only long-term illness in connection with asbestos exposure. Researchers first discovered the link between asbestos exposure and cancer in 1934. The warnings for this risk of cancer relative to asbestos would not come until 1942. A year later, the first mesothelioma-like tumor was reported in Germany. By 1949, asbestos is widely understood to be harmful. Despite this acceptance, the asbestos industry will continue to ignore the warnings of health risks through the 1960s and actively bury or alter the negative research reports before they could reach the public.

The good news is that they did not get away with covering up the dangers of asbestos forever. Eventually, in 1967, the first successful personal injury claim in the U.K. was established. Additional rules closely followed in 1969, which saw the expansion of regulation beyond just the manufacturing process to include every industry that used asbestos. These regulations included requiring the use of exhaust ventilation, protective equipment, and improved handling procedures. While these improvements were welcome, it was not enough to eliminate asbestos-related diseases.

When Congress approved the Clean Air Act, it allowed the Environmental Protection Agency to regulate asbestos as a hazardous air pollutant. Like the U.K., the U.S. only saw increased regulation after the first successful personal injury claim regarding asbestos in 1971. It would not make any further significant changes until 1989 when the EPA began to phase out asbestos use in almost all products in the U.S. Meanwhile, the U.K. would only be a decade away from a complete ban of asbestos across the board. Despite the shift away from asbestos that the EPA was attempting to make, the U.S. Courts overturned the EPA Asbestos Ban in 1991 due to pressure from asbestos industry lobbyists. The powerful influence of the asbestos industry is why asbestos can still be found in products manufactured today.

On Memorial Day, Honoring Those Exposed to Toxic Chemicals in the Line of Duty

Memorial Day is a time to reflect upon the courageous sacrifices made by the men and women who lost their lives protecting the freedoms we hold dear. This year, we should not forget the thousands of veterans who face a different kind of battle — against exposure to toxic chemicals that have created lasting and sometimes fatal health consequences.

Throughout history, service members have been exposed to a myriad of hazardous substances while serving their country, including jet fuel, solvents and asbestos, Agent Orange during the Vietnam War, and burn pits in the more recent wars in Iraq and Afghanistan.

These exposures, often occurring in war zones, in military installations and on ships, have had detrimental effects on veterans’ health, leading to severe illnesses, disabilities and premature death.

Trump Administration Is Trying to Take Away Your Legal Rights

A range of proposed changes to the civil justice system under the Trump administration would threaten the rights of plaintiffs in personal injury cases; deprive US citizens of their Seventh Amendment right to a trial by jury; and make it far more difficult for individual workers and consumers to hold large corporations accountable in court.
Most concerning, the agenda could include a series of restrictive and invasive procedures and litigation requirements for clients in class actions, pharmaceutical cases, and asbestos cases. The proposed legislation would require that trusts established to fund asbestos claims would be required to report any payments made to plaintiffs, putting personal and financial information at risk. A push to make it harder for plaintiffs to keep cases in state courts would also infringe on the rights of personal injury plaintiffs.

We encourage all citizens to pay attentions to these developments and let your representatives know your opinions on them.

Asbestos Awareness Week: The Facts

Today marks the last day of Asbestos Awareness Week.  However, the effect educating oneself and sharing information with loved ones will have a lasting impact. Share these facts with your loved ones, friends, and community to bring awareness to the dangers of asbestos.

Question #1: What is asbestos?

Asbestos is a naturally occurring microscopic mineral that can be a health hazard when it becomes friable or brittle. When asbestos fibers are disturbed and become airborne, they can be very easily inhaled. When asbestos is inhaled, its sharp and rigid fibers stick in the soft tissue of the respiratory system and can lead to the development of mesothelioma and other forms of cancer.

Question #2: Where is asbestos found?

Asbestos is a common name for six naturally occurring silicate minerals. Because of its highly desirable commercial uses, asbestos was  used in many schools, homes, commercial and industrial buildings, large manufacturing parts for ships and water sewage plants etc. With asbestos being used in more than 3,000 consumer products it is still frequently found in kitchen tiles, ceiling tiles, outside house siding, and piping.

Question #3: Who is at risk for exposure to asbestos?

Asbestos exposure is widely known to be a risk only to the workers on a job site where asbestos was once used or is currently being used, like construction sites, industrial buildings with ceiling and floor tiles, building shingles, as well as ships who used asbestos spare parts to change large gaskets. However, secondhand exposure can occur to anyone when workers who come into contact with asbestos carry the fibers home on their clothing. Military veterans, teachers working in older school buildings, people who renovate older homes, firefighters, people living near asbestos manufacturing facilities and many others are also at risk for exposure to asbestos.

Question #4: Diseases associated with exposure to asbestos fibers

Over a period of time, these fibers can accumulate and cause scarring and inflammation, which can affect breathing and lead to serious health problems such as:

  • Mesothelioma
  • Asbestosis
  • Lung cancer

If you believe you have been exposed to asbestos, you should inform your physician and ask if they would recommend any pulmonary function monitoring or further screening for asbestos disease.

The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice, and accountability from the corporations that manufactured and sold this known carcinogen.

Asbestos Awareness Week: Senate Resolution honors Asbestos victims

A small community in Libby, Montana has been recognized by the U.S. Senate who passed a “Resolution”  for the hundreds that have died from the rampant death and illness caused from asbestos related exposure at the W.R. Grace and Co. mine. The resolution highlights the need to call upon the surgeon general to “warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health.”

The W.R. Grace & Co. mine operated from 1963 and then shut down in 1990 after large quantities of asbestos fibers were found in vermiculite. Vermiculite is a naturally occurring mineral that is mined from raw ore deposits in a method very similar to asbestos mining. During operation the mine employed up to 200 people and produced up to 200,000 tons of vermiculite a year, however, more than 3,000 people were affected from asbestos exposure who lived nearby.

The Libby tragedy was originally uncovered when the Seattle Post-Intelligencer wrote a series of articles about Libby in 1999, titled “Uncivil Action: A Town Left to Die.” Following the release of the series, Libby received national attention to address the serious problem. A clean-up strategy began slowly identifying the sources of contamination as well as a thorough investigation of homes and businesses in the area. As of 2010, 1,460 businesses and residences have removed more than 900,000 cubic yards of contaminated material. The town has suffered from thousands of cases of asbestos and around 400 people have died from mesothelioma cancer to date. As for the town of Libby, even though the job is considered finished it will still remain contaminated for years.

The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice, and accountability from the corporations that manufactured and sold this known carcinogen.

It’s National Asbestos Awareness Week

President and co-founder Linda Reinstein and Doug Lark of the Asbestos Disease Awareness Organization (ADAO) started what was originally called National Asbestos Awareness Day in 2005 Soon after it was changed to National Asbestos Awareness Week. It begins today, April 1st and will run thru April 7th. It is a great opportunity to educate the public on how dangerous asbestos products are as well as teach the public proper asbestos safety precautions at home, in public, or at the workplace.

The Asbestos Disease Awareness Organization (ADAO) is the largest independent asbestos victims’ organization in the U.S. It was founded in 2004 to give asbestos victims and concerned citizens a united voice, to raise public awareness about the dangers of asbestos exposure and to work towards a global asbestos ban. ADAO is dedicated to preventing asbestos-caused diseases through national and international education, advocacy, and community initiatives

During the week, ADAO will highlight some of the following topics:

 http://www.asbestosdiseaseawareness.org/archives/31580

  1. World Health Organization and Elimination of Asbestos-Related Disease
  2. A personal asbestos-related story written and shared by Alan Reinstein
  3. Dr. Celeste Monforton shares “Workers’ Memorial Day: 2 Million Related Deaths Last Year”

The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice and accountability from the corporations that manufactured and sold this known carcinogen.

Asbestos Concerns Go Beyond the Sinking of Old Navy Ships

While reading the Wall Street Journal, I came across an interesting article about the U.S. Navy’s practice of using old warships as target practice and sinking them off the coasts of the United States.  For almost two years now there has been a moratorium on the Navy’s sinking exercises (SINKEX) because of the concerns of environmental groups as well as cost concerns.  But, after a review of these issues, the Navy decided to lift the moratorium on the SINKEX program and this summer undertook plans to sink three inactive vessels, the USS Kilauea, USS Niagara Falls and USS Concord, off the coast of Hawai‘i.

Many older US Navy vessels still contain hazardous materials such as PCB’s and asbestos.  For years conservation groups have raised concerns about the impact of these toxins on the environment.  These groups believe these inactive warships should be sent to ship breaking facilities and not sunk in the ocean.  Based on my experience, I know that older Navy vessels contained literally tons of asbestos which is part of the basis for these concerns.

Tons of Asbestos Products Used on Navy Ships

Naval vessels constructed during World War II and into the 1970’s were heavily insulated with asbestos.  On steam-driven Navy ships, asbestos insulation was used on hot piping and equipment to ensure that the equipment operated properly and that the seamen were not exposed to the extremely hot surfaces or subjected to intense heat.  The types of asbestos products included insulating pads, pipe covering, tape, thread, cloth, gaskets, packing, and cement.  Nearly every piece of machinery that needed to be insulated would have been insulated with asbestos materials.

 

Many of the asbestos products used in the construction and maintenance of these massive warships still remain aboard them today.  Removal of the asbestos and other hazardous materials aboard is a very costly procedure which was demonstrated when the USS Oriskany (CV-34) was sunk off the coast of Florida in 2006 to be used as an artificial reef.  In order to sink the USS Oriskany, the Environment Protection Agency required that the vessel to be completely cleaned up which cost around $20 million.

Concerns About Asbestos Are Not Only Environmental

The concerns about asbestos on Navy ships are not just an environmental concern.  Shipyard workers and Navy crewmen who served and worked aboard these vessels were exposed to the dangers of asbestos fibers on a daily basis as they constructed, repaired, maintained and lived upon these warships.  The crewmen and shipyard workers who served and worked aboard these ships are at a greater risk of developing mesothelioma, a rare and fatal lung cancer, and other asbestos related diseases due to their exposure to asbestos.

Our Clients Are Navy Veterans and Shipyard Workers

I have had the privilege to represent hundreds of U.S. Navy veterans and shipyard workers who sadly were diagnosed with mesothelioma because of their exposure to asbestos.  Since 1978 I have been fighting for the rights of U.S. Navy veterans and shipyard workers who were unnecessarily exposed to this hazardous material because the companies that sold these products failed to warn of the dangers that they themselves knew about.  To read more about how we have helped our clients recover for the injuries they and their families have suffered, please visit our website article and read about “Our results.”  www.galiherlawfirm.com/results/

If you or someone you love served in the U.S. Navy or worked aboard U.S. Navy vessels and has been diagnosed with mesothelioma, it is important that all of you are aware of your legal rights.  Please contact us so we can help.