Poor Asbestos Abatement Practices Put Public at Risk

When asbestos abatement best practices aren’t followed, workers and the public are at risk of asbestos exposure. Because of the dangers of this carcinogenic mineral, regulations are in place for safe handling and removal. If these regulations aren’t followed, fines can be imposed, abatement companies can lose their licenses and individuals can even be incarcerated.

A number of recent incidents involving alleged violations of asbestos abatement best practices have made headlines here in the United States and abroad. These incidents have resulted in fines and legal repercussions.

Asbestos exposure poses serious health risks because airborne asbestos fibers can be inhaled and become lodged in the body. These fibers cause irritation that can lead to the development of asbestos-related diseases, including mesothelioma and asbestos lung cancer.

While asbestos is still used in producing diaphragms for the chlor-alkali industry, almost all manufacturing of asbestos products has been phased out in the U.S. The most significant source of asbestos exposure today is from legacy asbestos, which includes construction materials in older buildings and older brakes, gaskets and other components in older machinery and industrial equipment.

Most people experience asbestos exposure from legacy asbestos in the workplace while working in construction or industrial jobs. However, improperly disposed of asbestos can contaminate the soil, water and air, impacting whole communities.  

British Man Jailed Over Asbestos Debris

Christopher Garrett in the UK was recently fined and jailed for dumping waste containing asbestos on his property. He’ll serve 2 years and 8 months behind bars for leaving tons of waste on a piece of land in Newton Abbot in southern England. The UK’s Environment Agency calls this case one of the worst of its kind for the area.

Garrett pleaded guilty to running a waste facility without a permit. He also pleaded guilty to disposing of waste material including asbestos in a manner likely to harm the environment or human health. He’ll have to pay more than $250,000 in fines. 

He’d been prosecuted in the past for similar crimes and has received several warnings from the Environment Agency about dumping debris. Investigators say Garrett also burned large amounts of the debris containing asbestos, putting everyone in the area and the environment at risk. According to documents, Garrett made thousands of dollars importing illegal waste onto his property. 

Following Garrett’s hearing, an Environment Agency spokesperson said: “Garrett is a repeat offender who showed no care for the environment or human health. He took no notice of the previous warnings given by the courts and the Environment Agency and imported hazardous waste, burying it to make a quick profit.”

Improperly Disposed of Asbestos Pipes Found Near US-Mexico Border

The California Department of Toxic Substances Control cited the City of Calexico in December 2023 after old asbestos pipes were found next to the New River near the Mexico border. Staff with the Department of Toxic Substances Control told The Desert Sun that some of the pipes are cracked or broken and appear to have been there for a long time.

Following the discovery of the pipes, city leaders were given 30 days to remove them or at least come up with a plan for removal. Instead they contacted the Department of Toxic Substances Control asking for help locating the asbestos pipes because there is so much other debris in the area. Multiple agencies blame each other for the failure to remove the deteriorating pipes. 

Robert Krug, supervisor and senior environmental scientist for the California Department of Toxic Substances Control’s Imperial County arm was asked if there was an urgent risk to remove the asbestos pipes from the area, to which he replied: “Well, yes and no … that is sort of still up in the air.”

Krug says if the pipes are fully intact, it’s not considered a risk, but he added, “There are some broken pieces, so that gets into the gray area. … If something is broken, if it’s still in a big chunk, is it considered friable or not?” Friable means that the material crumbles easily, which could lead to potential asbestos exposure. 

The asbestos pipes in question are known as transite pipes, cement pipes that contain asbestos fibers. Transite was a brand name for pipes Johns Manville patented and manufactured. The company established a $2.5 billion trust fund in 1988 to repay people exposed to asbestos from its products and manufacturing operations. 

Iowa Company Facing Fines

A real estate investment company in Iowa is accused of exposing workers to asbestos. According to the Iowa Department of Natural Resources, Irish Capital Investments didn’t take proper safety precautions while its employees removed about 20,000 square feet of floor tile containing asbestos from a demolished nursing home in Marion.

According to the DNR order, the company’s “employees were not properly trained to remove asbestos and could have been exposed to asbestos fibers as the floor tiles were not removed properly.” Irish Capital Investments agreed to pay a fine of $7,000 and pledged to adhere to the rules and will work to avoid future asbestos violations.

The DNR says the company told its workers to remove the hazardous materials but didn’t properly follow federal regulations requiring materials to be kept wet to reduce the risk of airborne asbestos fibers. The government agency says Irish Capital Investments’ dangerous skirting of the rules that put workers at risk likely saved the company more money than the imposed fine will cost it. 

Contractor Fined After Work at University of Massachusetts

Recent asbestos abatement work at the University of Massachusetts in Amherst resulted in a state fine of nearly $30,000. The Department of Environmental Protection says the lack of protocol being used led to the potential release of asbestos fibers into the environment. 

MassDEP imposed the fine against Warner Bros. LLC, claiming the company didn’t properly contain and decrease the amount of asbestos released during construction work. The company was working on the University’s Clark Hill Steam Project. 

“Compliance with MassDEP asbestos regulations is mandatory,” the Director of MassDEP’s western regional office Michael Gorski said in a statement. “This penalty could have been avoided by diligent compliance with the requirements, which are designed to prevent the release of asbestos and protect the health and safety of the public and the asbestos workers.” 

Seattle Asbestos Removal Contractor Facing Fines

Serious safety violations have resulted in nearly $800,000 in fines for an asbestos removal contractor in Seattle, Washington. The Washington State Department of Labor and Industries says Seattle Asbestos exposed workers and homeowners to hazardous conditions. 

L&I says it found more than 35 willful health and safety violations during its inspection process of the company. Some of the issues found at two job site locations were basic asbestos removal regulations.

Seattle Asbestos’ Safety Violations 

• Dishwasher, water heater and wood stove left uncovered
• Equipment to clean particles from the air not working properly
• Large pile of drywall found on the living room carpet wasn’t bagged nor saturated with water to prevent dust from becoming airborne
• No plastic drop cloths found anywhere in the work area
• Several respirators for workers were inside containment areas exposing them to contamination

L&I has begun the process of revoking Seattle Asbestos’ certification. Seattle Asbestos told FOX 13 that it plans on appealing the fines.

“It’s rare to see this level of repeated, willful ignoring of the rules, especially in the asbestos arena where certification is required,” said Matt Ross, public affairs manager for Washington State Department of Labor and Industries.

Asbestos Pollution

The National Organization of Asbestos Consultants and the trade group Asbestos Testing and Consultancy found in their 2022 study that legacy asbestos still present in buildings and homes is more dangerous than expected. The process included collecting 1 million samples across Great Britain. 

The results found that nearly two-thirds of legacy asbestos in the UK had aged enough or suffered enough damage for fibers to become airborne. This means poor asbestos abatement practices can result in widespread contamination.

Geologist Jane Willenbring from Scripps Institution of Oceanography at the University of California San Diego scientist led a 2016 study that showed asbestos fibers can move through sand and soil. According to Willenbring, asbestos waste piles aren’t locked in place when capped with soil. 

Her research found organic acids from plants and bacteria can coat asbestos fibers, allowing the fibers to pass through sand and soil. This can also lead to asbestos contamination of water. 

Asbestos Ban, Health Risks of Asbestos Exposure

More than 50 countries around the world have banned or restricted the use of asbestos. In March 2024, the Biden administration finalized a plan to ban the use of chrysotile asbestos across the country. U.S. companies now have 12 years to phase out its use in some manufacturing processes. 

The new ban doesn’t apply to all types of asbestos. It only specifically bans chrysotile asbestos, which is still imported into the U.S. mostly for use in the chlor-alkali industry. 

Asbestos exposure is the primary cause of mesothelioma, which can take between 20 to 60 years to develop after the initial exposure. Asbestos can cause a number of both benign and malignant diseases. 

There is no safe amount of asbestos exposure. However, those with the highest risk of developing an illness have inhaled or ingested large amounts of asbestos over long periods of time.