Topic: Asbestos

USS New York

The destruction of the World Trade Centers on September 11, 2001, left behind not only an indelible mark on the hearts and minds of all Americans, but also thousands of tons of construction debris.  But in an act that symbolizes the resiliency of Americans, seven and a half tons of the steel debris from Ground Zero were melted down to make the bow of one of the Navy’s newest ships, the USS New York LPD-21.  This landing platform dock was commissioned last November on the USS Intrepid Sea, Air and Space Museum Pier.

Although State names are ordinarily reserved for submarines, naming the Navy’s new surface ship the USS New York is only fitting.  “This new class of ships will project American power into the far corners of the Earth and support the cause of freedom . . . and will be a fitting tribute to the people of the Empire State,” announced the Secretary of the Navy in September of 2002.  The new ship will honor the victims and heroes of the September 11th attack.

The USS New York made her maiden voyage from New Orleans to New York in October.  Upon her arrival in New York City in early November she paused in front of the World Trade Center site and fired a 21-gun salute to the people of her namesake city and state.

Asbestos Use on Navy Battleships

Among the crowd gathered to celebrate the ship’s commissioning were families of  September 11th victims, first responders to the September 11th attacks, and sailors who had been aboard a former Navy battleship carrying the same name, the USS New York BB-34.  This battleship served in both World Wars and earned three battle stars in World  World II.  Ironically, her keel was laid on September 11, 1911, 90 years to the day the World Trade Centers were attacked.  But there is another connection between the first responders to the World Trade Center disaster and the crew of the battleship USS New York.  Both were exposed to asbestos dust from the  insulation used in the construction of the twin towers and this Navy warship.

World War II vintage battleships contained literally tons of asbestos insulating products.  Asbestos had been used to insulate the machinery and piping throughout every battleship.  The crewmen who served on the  USS New York, including those who attended the commissioning of the Navy’s newest ship, were exposed throughout their service to the asbestos dust generated from this massive amount of asbestos insulation.  Each time this asbestos insulation was disturbed, removed, and replaced during routine operations and maintenance, millions of hazardous asbestos fibers were released into the air.

Asbestos Insulation Sprayed on World Trade Towers

The World Trade Center attacks on September 11th caused the greatest environmental catastrophe in New York City history.  Over 400 tons of asbestos fibers were used in the construction of the World Trade Center and were released into the air when the towers collapsed.  During the construction that began in 1966, the steel beams were heavily coated with a slurry mix of asbestos and cement sprayed on as fireproofing material.  Although the City of New York banned the use of spray-on asbestos in 1971, hundreds of tons of this cancer-causing product had already become part of these towers.  The first responders who raced to the World Trade Center to help the victims of this tragedy were exposed to the airborne asbestos that was released when the towers collapsed.  Many of the people who escaped the towers and those in the vicinity also experienced bystander exposure to this asbestos dust.

At Risk Because of Past Exposure to Asbestos

As they witnessed the historic commissioning of the Navy’s newest ship honoring the victims of the tragic 9/11 attack, the crewmen of the battleship USS New York and the first responders to the World Trade Center were faced with an insidious danger that binds them again.  Both remain at risk of developing asbestosis, lung cancer, and mesothelioma, a rare and fatal cancer, because of their past asbestos exposure.

For over 100 years, Electric Boat, a subsidiary of General Dynamics Corporation, has played a pivotal role in supporting and maintaining the country’s fleet of submarines.  This company has shipyards  in both Groton, Connecticut, and Rhode Island, which together employ about 10,700 workers.  At least for the foreseeable future, however, Electric Boat will be carrying out its work with a smaller work force on the waterfront.  Because of a reduction in modernization and maintenance of submarines, there will be  hundreds of layoffs among the trades such as carpenters and other construction trade workers.  Fortunately, this reduction will be offset by needs in other areas.

The Company executives estimate between 400 to 600 layoffs and 100 to 200 furloughs are possible in the year 2010, but these layoffs will be offset by the need to hire 300 to 400 new engineers and designers.  In addition to working on a surface ship program in conjunction with Northrop Grumman, these new employees will be carrying forward Electric Boat’s tradition of working at the cutting edge of submarine design as they develop the next generation of ballistic missiles.

A Series of “Firsts”

USS Holland (SS-1)

The Electric Boat Company, founded by Isaac Rice in 1899, has been at the forefront of submarine construction since its inception.  The first submarine to be purchased and commissioned into the United States Naval Service was the USS Holland SS-1 built at this shipyard.  The Holland was originally named the Holland VI after its inventor John Philip Holland.  Interestingly, this submarine had many of the design features that appeared in subsequent submarines  in more advanced forms, including an internal combustion engine for surface operation and an electric motor for submerged operation.

The company continued its outstanding service during both world wars.  During World War I, Electric Boat received orders to build 85 submarines for the US Navy and built 74 submarines during World War II.  More than half of the Gato class and many Balao class Submarines were built by Electric Boat Company, including the USS Gato SS-212, USS Darter SS-227, USS Scorpion SS-278, USS Perch SS-313, USS Sealion SS-315, USS Bugara SS-331 and USS Capitaine SS-336.

In 1951 the company received the contract to build the first nuclear-powered submarine, the USS Nautilus SSN-571.  This submarine was christened by then First Lady Mrs. Eisenhower and launched in 1954.  Among her many firsts, the USS Nautilus was the first submarine to reach the geographic North Pole on August 3, 1958 and to go on to complete a submerged transit of the North Pole.

Electric Boat also achieved another first when the first ballistic-missile submarine, the USS George Washington SSBN-589, was built there in 1959.  In July, 1960, this submarine conducted the first Polaris missile launch from a submerged submarine which added significantly to our country’s deterrent forces.

Asbestos Use at Electric Boat Company

The submarines built at Electric Boat from the 1940s through the mid 1970s contained many pounds of asbestos insulating products.  The shipyard workers who constructed these submarines were exposed to the hazards of asbestos on a daily basis.  Submariners who later served on these subs were exposed to asbestos dust generated through the routine operation and maintenance of asbestos-covered equipment, piping and machinery.  These submariners and shipyard workers are at risk of developing mesothelioma and other asbestos-related diseases because of their exposure to asbestos.

Map of Rajasthan, India

Most people in the United States today are aware that asbestos is a dangerous and potentially deadly substance.  Asbestos is no longer commercially mined for domestic use in the U.S., and asbestos-containing products have largely been banned.  There are a host of federal agencies such as the Environmental Protection Agency (EPA) and National Institute for Occupational Safety and Health (NIOSH) that work to protect workers and consumers from the hazards of asbestos.  As a result, American workers are not usually exposed to raw asbestos without respiratory protection.  In developing countries like India, however, the picture for workers is vastly different.

The Growth of the Indian Asbestos Industry

Despite the overwhelming scientific evidence that asbestos causes mesothelioma, lung cancer, and asbestosis, the Indian asbestos industry is alive and well.  India is a leading importer of raw asbestos, purchasing hundreds of thousands of tons of chrysotile asbestos from Canada, Russia, Brazil, and Zimbabwe.  Asbestos is also mined commercially in the Indian state of Rajasthan.

Most of this asbestos is manufactured into asbestos cement, which is widely used as a construction material in impoverished villages and shantytowns throughout India.  The Indian asbestos industry has had great success in promoting asbestos cement roofing, pipes, and siding to India’s poor.  According to the Indian business daily Business Standard, the asbestos cement industry in India produces almost 4.5 million tons of asbestos products annually, and is growing at a “healthy” 10-12 percent a year.

Unfortunately, it is becoming increasingly clear that Indian workers and consumers are paying a heavy price for this “healthy” growth in the asbestos industry.  This large-scale industrial use of asbestos is leading to high rates of occupational exposure, household exposure, and environmental exposure.  As a result, India is likely to face an epidemic of asbestosis, lung cancer, and mesothelioma

Indian Workers at Risk

Asbestos disease is already a major problem in the mining region of Rajasthan.  Many of the asbestos mines there are operated illegally.  According to the asbestos mine workers who attended a recent workshop by the Occupational and Environmental Health Network of India, the working conditions in the mines are horrendous.  Not surprisingly, this has led to a high rate of asbestos disease among the miners.  The India Times recently reported that three former mining workers from a single mining district have died of asbestosis in the last six months alone.

Working conditions in India’s asbestos processing plants are also extremely hazardous.  A recent study of the small-scale asbestos mills of Rajasthan showed that many workers in these units are diagnosed with asbestosis after only five years of exposure, far less than the usual 20 year latency period.  Researchers also reported extremely high concentrations of airborne asbestos fibers in these plants, up to 18-22 fibers per cubic foot of air.  By contrast, the permissible exposure limit in the U.S. is 0.1 fiber/cc.

In addition to this heavy occupational exposure in the asbestos mines and processing plants, there is also a high risk of secondary exposure among users of asbestos products.  Construction workers and pipefitters often cut asbestos cement pipes and roofing as they are installed, generating large amounts of asbestos dust that settle over the nearby streets and houses.  This puts both the workers and the nearby residents at risk for mesothelioma and other asbestos diseases.

The Asbestos Industry’s Pattern of Denial

Indian labor unions, environmental groups, and public health experts are working hard to educate the Indian people about the hazards of asbestos, and have repeatedly asked the Indian government to ban the mining and manufacture of asbestos products in India.  Unfortunately, the Indian asbestos industry has been largely successful in whitewashing the hazards of asbestos, thereby insulating themselves from any real accountability for the harm caused by their toxic product.

Rather than warning workers and consumers about the deadly properties of asbestos, Indian asbestos industry officials continue to insist that their product is safe, and even environmentally friendly.  In an interview with the Toronto Star, an executive at Visaka Industries insisted that the company’s asbestos cement products were not at all hazardous to workers or consumers, and were “not creating carcinogenicity in any way.”  Indeed, he went so far as to state that asbestos “is such an environmentally friendly product actually.”  Likewise, in a recent Business Standard story, industry officials described the production of asbestos cement as “environmentally benign,” and insisted that their products were perfectly safe.

Tragically, this approach seems to be working.  Rather than banning asbestos, the Indian government is currently considering an expansion of asbestos mining in Rajasthan to promote economic development in this very poor region.  Unless the situation changes dramatically, it appears that India will be facing an epidemic of mesothelioma and other asbestos diseases for many decades to come.
Brig Sethi, executive director of the Asbestos Cement Products Manufacturers’ Association

USS Missouri BB-63

The USS Missouri had a long and storied career as a U.S. Navy warship.  She is most famous for having hosted the Japanese surrender in Tokyo Bay at the end of World War II, as well as her role in the battles of Iwo Jima and Okinawa.  Less well known is the fact that USS Missouri actually fought in three wars over the course of 50 years.  In addition to two combat tours in Korea, the Mighty Mo saw action in Operation Desert Storm in 1991, firing her guns against Iraqi forces with the same bravery that she showed in the war against Japan almost a half century earlier.

The Missouri was rescued from a graveyard of Navy ships thanks to the efforts of a dedicated group of supporters, including Retired Vice Admiral Robert Kihune and Hawai‘i Senator Daniel K. Inouye.  She moved to her permanent home at Pearl Harbor in 1998, and opened as a museum ship in 1999.  Today, she stands as a memorial to the brave Navy veterans who served in World War II.

The men and women who work at Pearl Harbor Naval Shipyard are proud to be able to repair and maintain the USS Missouri.  As Shipyard Commander Capt. Gregory Thomas noted in a statement to the Honolulu Advertiser, “Pearl Harbor Naval Shipyard played a key role in winning World War II, so Shipyard workers have tremendous appreciation for Missouri’s historical significance.”

Galiher DeRobertis & Waxman is honored to have represented many of these shipyard workers and Navy veterans in asbestos cases for over 30 years.  Some of our Hawai‘i clients were actually present at Pearl Harbor on December 7, 1941, to witness the “day that will live in infamy.”  Our clients served bravely at Pearl Harbor Naval Shipyard and in the U.S. Navy, and were often exposed to asbestos on Navy ships and submarines.  We are proud to have been able to help thousands of men and women who have contracted mesothelioma, lung cancer, and asbestosis as a result of their asbestos exposure at Pearl Harbor.

Portsmouth Naval Shipyard

It was announced last week that Portsmouth Naval Shipyard (PNS), best known for its work in building, upgrading, refitting and repairing Navy submarines, will be receiving $9 million to renovate its facilities.

This shipyard began constructing submarines during World War I and played a vital role in both World Wars I and II.  The shipyard workers at PNS built the L-8, the first submarine ever built by a US shipyard. Over 130 submarines were built here between 1917 and 1969.

During World War II, over 70 Gato and Balao Class submarines were constructed at PNS, including the USS Scorpion SS-278, the USS Archerfish SS-311, the USS Ronquil SS-396, the USS Razorback SS-394, and the USS Redfish SS-395. PNS is the only shipyard to ever launch four submarines on the same day.

The shipyard later became the Navy’s center for submarine design and development due to all of its accomplishments. PNS continued to build submarines until 1969. Today it remains a major facility for the repair and overhaul of the Navy’s submarines.

Millions for Improvements

Congress recently approved a bill allocating $9 million for improvements to PNS. The bill is headed to President Obama’s desk. The shipyard sits on the border between New Hampshire and Maine and is a significant employer for both states. New Hampshire Representative Carol Shea Porter and Maine Representative Chellie Pingree were key in securing this funding for shipyard improvements. Approximately $7 million will be used to upgrade security and to build a new guard house, barriers, an inspection shelter and an intrusion detection system. The remaining $2 million will be used to help modernize the shipyards facilities.

Asbestos Exposure at Portsmouth Naval Shipyard

As a result of the work at PNS during both World Wars and up until the mid 1970s, the shipyard workers at Portsmouth Naval Shipyard were exposed to very significant amounts of asbestos-containing insulating materials that were used extensively in the construction and repair of submarines. Many asbestos insulating products were installed in diesel submarines like the Archerfish, Scorpion, Ronquil, Razorback, and Redfish. The exhaust piping and joints on the four diesel engines had asbestos insulating pads.  The hot and cold pipes, valves, and fittings were insulated with asbestos felt and asbestos cloth.

While these submarines were at sea, crewmen were exposed to these asbestos materials that were disturbed during the routine operation and maintenance. All of the submariners were exposed to the asbestos dust that was created, especially given the extremely confined spaces of the submarine. These crewmen and shipyard workers were unaware of the dangers of breathing asbestos and today these veterans remain at risk of contracting mesothelioma as a result of the toxic asbestos on board.

Special Connection with PNS

The law firm of Galiher DeRobertis & Waxman has two special connections with Portsmouth Naval Shipyard and the submarines built there. They have been proud to represent many veterans who developed mesothelioma as a result of their exposure to asbestos while serving on submarines built at PNS.

Our founder, Gary Galiher, has another unique connection with Portsmouth Naval Shipyard – his father served on a PNS-built submarine. During the 1950’s, Clifford O. Galiher served as a auxillary machinist on the USS Ronquil.  He said, “I am very proud of my father’s Navy service and have come to appreciate the skill and commitment that was required to be a submariner. I am sure my father would be happy and proud to see that PNS continues to repair and maintain submarines for the US Navy.”

The Canadian asbestos industry has stirred up serious controversy in the province of Quebec in recent weeks, as Canadian health experts and opposition party members call for a re-examination of Canada’s export of asbestos to the developing world.  So far, the Quebec government has rejected these calls.  Indeed, the majority Liberal party recently refused to even create a parliamentary committee to study the health effects of exporting the nearly 175,000 tons of asbestos that are mined in Quebec and shipped all over the world.

The controversy began with Premier Jean Charest’s trade mission to India in early February.  Before this visit, Charest received a letter from a coalition of over 100 scientists from 28 countries, calling upon the premier to speak out about the hazards of India’s growing asbestos industry.  The scientists asked Charest to recognize the international consensus that all forms of asbestos cause asbestosis, lung cancer, and mesothelioma, and present a serious threat to human health.  Accordingly, the letter asked Charest to stop promoting the use of asbestos in India and other developing countries.

Chrysotile Asbestos

Unfortunately, rather than speaking out about the hazards of asbestos on his trade mission, Premier Charest insisted that: “Chrysotile can be used in a safe manner; this is what WHO reports say.  It is not a banned substance.  It is up to the government of India to put the necessary laws in place.”

In fact, the World Health Organization (WHO) says no such thing about the safety of chrysotile asbestos.  According to Maria Neria, the director of public health at WHO, the organization’s “position is very, very clear” that “all types of asbestos are carcinogenic.”  As noted in a recent article in The Lancet magazine, WHO guidelines state that “increased cancer risks have been observed in populations exposed to very low levels.”  The WHO has further stated that “the most effective way to eliminate asbestos-related disease is to stop using all types of asbestos.”

Despite the strong international consensus that all forms of asbestos cause lung cancer and mesothelioma, the Quebec government has so far refused to stop exporting deadly and carcinogenic asbestos to India and other poor countries.  On the contrary, the  government continues to support the Chrysotile Institute, which lobbies internationally to minimize the health hazards of asbestos and prevent international organizations from banning the material.

So far, the voice of Canada’s $100 million a year asbestos industry has outweighed the voices of scientists and worker advocates.  However, public health experts are extremely concerned about the high rates of mesothelioma, asbestosis, and lung cancer that are likely to emerge in the developing world as a result of Canada’s ongoing exports of this toxic substance.

According to The Lancet, asbestos disease already claims the lives of 90,000 people a year worldwide.  Asbestos which is mined in Canada today will continue this deadly legacy for another generation.

The law firm of Galiher DeRobertis & Waxman has represented clients with asbestos-related diseases, including mesothelioma, for over 30 years.  We have seen first hand how this toxic and carcinogenic substance has harmed workers and their families.   Our firm urges the Quebec government to halt the export of Canadian asbestos, so that the dire public health consequences can be avoided.  It is time to stop this deadly industry.