Judges, attorneys and other court staff at the criminal courts building in Mesa, Arizona are being forced to move their offices and courtrooms to nearby Phoenix next month. The move is part of an effort to reorganize the Maricopa County Superior Court system. However, since the Phoenix facility does not have adequate office space to hold all the new tenants, only half of the county's prosecuting attorneys will make the twenty-mile trip west.
Out of the sixty-seven staff members in the Mesa office, only thirty will have offices ready in the Phoenix building, while the rest will stay in Mesa and make the drive into Phoenix as needed. One of the reasons that the Mesa staff will not have enough space is that portions of the downtown Phoenix court buildings contain potentially dangerous levels of asbestos.
Between the asbestos remediation work and the limited office space, the Mesa staff may not be completely moved into the Phoenix facility until late next summer, according to chief assistant prosecutor Sally Wells. Ms. Wells attributed most of the delays involved to the presence of the dangerous substance throughout most of the building.
Janet Palacino, the head of the Maricopa County Facilities Management Department, stated that some county officials knew of the asbestos contamination found in a court building on the west side of the complex for the past fifteen years. She also said that the building would be undergoing a massive renovation project starting the week of Thanksgiving.
The project is expected to cost about $2.7 million, with over $500,000 going toward the cost of removal and cleanup of asbestos on the building's second, third and fourth floors. Ms. Palacino also stressed that the project would meet all the worker safety and environmental quality standards required by federal law, including breathing masks and special protective clothing for workers.
Last month, the Maricopa County Air Quality Board issued fines totaling over $46,000 to Ms. Palacino's department and two contractors, RFC Holdings and Jokake Construction Services, for breaching federal laws on a similar project carried out on a building on the complex's east side. Ms. Palacino said that the contractors on the west-side project would not start work "until the permit is in our hands".
Holly Ward, a spokesperson for the Air Quality Board, said that the Facilities Management Department was fined just under $10,000, but that the board suspended $3,000 of the fine when three department managers attended asbestos management training classes. The remaining fines were divided between the two contracting firms who carried out the work, but Ms. Ward did not comment on the amounts that each firm was fined.
The move from Mesa to Phoenix comes as the result of a ruling last spring by Presiding Superior Court Judge Barbara Rodriguez Mundell. Judge Mundell ruled that the move would save the court system thousands of dollars in duplication of effort, inmate transportation costs and overall system efficiency. However, some Mesa prosecutors voiced opposition to the move, stressing that the smaller Mesa facility could deal with cases more efficiently and that it saved participants on the costs involved in the twenty-mile commute.
Friday, December 18, 2009
Wisconsin Dept. of Commerce Rescinds UW-Stout Asbestos Report
The report was first issued on October 27, after a Commerce Department investigator, visiting the campus of the University of Wisconsin-Stout, a polytechnic university, on June 18 and again on July 7 through 9, and the 13, interviewed employees and reviewed documents.
At that time, the investigator delivered a written recommendation to correct each violation found in the original report. One of these included closing the Price Commons elevator, which had been used weekly to move about 25,000 pounds of food, until the elevator could be verified as "safe".
The Price Commons second floor renovation involved spending $3.08 million for asbestos abatement in all ceilings, floors, piping and ductwork; upgrading mechanical systems, and; updating the food service area. The work was performed in the summer of 2009. Price Commons was built in 1967.
Selective abatement services were also performed in employee restroom and the above-mentioned food service elevator, which was the subject of considerable concern over the summer as two employees complained (to the Department of Commerce) about having to use the elevator and being exposed to asbestos.
One of the unnamed employees also complained that no signs appeared in the elevator about its being contaminated for several days, or until it was removed from service.
Asbestos, which can occur in friable and non-friable forms, is a fibrous mineral widely used during most the last century in various insulative and building products. When inhaled or ingested, the minute fibers can lead to mesothelioma, a uniquely fatal cancer of the mesothelial linings of the lungs, heart and abdomen. In fact, asbestos is currently the only known cause of mesothelioma, which lies dormant for decades before producing symptoms severe enough to permit diagnosis, by which time the cancer has become so invasive that most victims are given less than 2 years to live.
UW-Stout has been cited numerous times for asbestos violations, most recently in December of 2008. Before that, the university - located in Menomonie - was charged with asbestos violations in 2003 and 2006.
The most current report, charging 51 violations of health and safety standards, was based on employee complaints. The most vocal of these is John Gast, university custodian and head of the Wisconsin State Employees Union, Local 383.
The Commerce Department has since rescinded the report, largely based on technical details (date of issuance, a signature, a notice of right of appeal) rather than the validity of the charges, and department spokesman Tony Hozeny has already stated that it will be re-written and re-issued.
Doug Mell, UW-Stout's director of communications, says university officials will have to read the updated report before they can comment. Mell, at the behest of Chancellor Charles Sorenson, has said that the original findings primarily relate to state projects (under the supervision of the Division of State Facilities), many of which contain inaccuracies, were not fully transparent, or "were not reasonable".
Sorenson has expressed his opinion that the university is being treated as a "ping pong ball", batted about between the Department of Commerce and the Division of State Facilities - the two state entities in charge of the report.
Gast disagrees, calling the rescinded report "110 percent accurate" and saying the university doesn't care about people's safety.
The university has since issued its own statement, saying there is no evidence any employee, student, or member of the public was "injured or harmed as a result of the alleged events".
At that time, the investigator delivered a written recommendation to correct each violation found in the original report. One of these included closing the Price Commons elevator, which had been used weekly to move about 25,000 pounds of food, until the elevator could be verified as "safe".
The Price Commons second floor renovation involved spending $3.08 million for asbestos abatement in all ceilings, floors, piping and ductwork; upgrading mechanical systems, and; updating the food service area. The work was performed in the summer of 2009. Price Commons was built in 1967.
Selective abatement services were also performed in employee restroom and the above-mentioned food service elevator, which was the subject of considerable concern over the summer as two employees complained (to the Department of Commerce) about having to use the elevator and being exposed to asbestos.
One of the unnamed employees also complained that no signs appeared in the elevator about its being contaminated for several days, or until it was removed from service.
Asbestos, which can occur in friable and non-friable forms, is a fibrous mineral widely used during most the last century in various insulative and building products. When inhaled or ingested, the minute fibers can lead to mesothelioma, a uniquely fatal cancer of the mesothelial linings of the lungs, heart and abdomen. In fact, asbestos is currently the only known cause of mesothelioma, which lies dormant for decades before producing symptoms severe enough to permit diagnosis, by which time the cancer has become so invasive that most victims are given less than 2 years to live.
UW-Stout has been cited numerous times for asbestos violations, most recently in December of 2008. Before that, the university - located in Menomonie - was charged with asbestos violations in 2003 and 2006.
The most current report, charging 51 violations of health and safety standards, was based on employee complaints. The most vocal of these is John Gast, university custodian and head of the Wisconsin State Employees Union, Local 383.
The Commerce Department has since rescinded the report, largely based on technical details (date of issuance, a signature, a notice of right of appeal) rather than the validity of the charges, and department spokesman Tony Hozeny has already stated that it will be re-written and re-issued.
Doug Mell, UW-Stout's director of communications, says university officials will have to read the updated report before they can comment. Mell, at the behest of Chancellor Charles Sorenson, has said that the original findings primarily relate to state projects (under the supervision of the Division of State Facilities), many of which contain inaccuracies, were not fully transparent, or "were not reasonable".
Sorenson has expressed his opinion that the university is being treated as a "ping pong ball", batted about between the Department of Commerce and the Division of State Facilities - the two state entities in charge of the report.
Gast disagrees, calling the rescinded report "110 percent accurate" and saying the university doesn't care about people's safety.
The university has since issued its own statement, saying there is no evidence any employee, student, or member of the public was "injured or harmed as a result of the alleged events".
Asbestos Found in Corpus Christi Memorial Coliseum
Civil engineers with the city of Corpus Christi, Texas, will formulate ideas on how best to take down the city's aging Memorial Coliseum. Meanwhile, attorneys for the city are discussing and agreement with the National Swim Center Corp. that could potentially keep the facility open. Following up on both alternatives at the same time could strain the city's budget, as the city council can only follow through with one of those options.
In order to proceed with the demolition efforts, city officials will employ an asbestos specialist to scrutinize the facility and compose a study describing where most of the asbestos is situated and estimate the expenses involved in carrying out cleanup and removal techniques that can both satisfy federal and state environmental regulations and maintain worker safety during the process.
City Manager Angel Escobar estimates that the report should cost around $5,000. He also said that the city's own engineers will examine options concerning how the building can best be torn down. The city engineers' report should cost the city about $50,000. Although the city has done some preliminary reports on the site's design and how it was originally constructed, none of those studies included inspections for asbestos levels.
If the city council reaches and agreement with National Swim Center, then the demolition plans will be abandoned. In both 2003 and 2007, the city paid for architects and structural engineering firms to examine the site and come up with some concept designs that would either allow for reuse of the facility or to determine the costs involved in demolishing the site.
Last week, Corpus Christi Mayor Joe Adame put forth a motion to the city council to knock down the old building and put up new housing and retail development on the site. The council voted down the mayor's motion, but did vote in favor of examining both the demolition and swim center proposals. The council will then examine the reports from both sides of the issue, and then vote on which option to exercise on January 12.
Since 1954, Memorial Coliseum has been the primary events center for the city. The site has hosted basketball and hockey games, rock concerts and other touring acts. In 2004, the American Bank Center opened with newer amenities and expanded seating capacity. During the last five years, Memorial Coliseum has sat empty, but several firms have approached city leaders with plans for reuse and redevelopment of the historic arena. National Swim Center is the sixth firm to discuss such options with the city council, and the third this year alone.
Regardless of whether the city chooses to refurbish Memorial Coliseum or if they plan to demolish the building, the issue of the asbestos in the fifty-five-year-old structure remains. According to US Environmental Protection Agency (EPA) mandates, workers involved in the removal and remediation of asbestos must wear special protective clothing and filtered breathing masks to insure that they do not come in contact with the dangerous fibers. The city must undoubtedly take the additional costs of such safety measures into account when they eventually reach a decision.
In order to proceed with the demolition efforts, city officials will employ an asbestos specialist to scrutinize the facility and compose a study describing where most of the asbestos is situated and estimate the expenses involved in carrying out cleanup and removal techniques that can both satisfy federal and state environmental regulations and maintain worker safety during the process.
City Manager Angel Escobar estimates that the report should cost around $5,000. He also said that the city's own engineers will examine options concerning how the building can best be torn down. The city engineers' report should cost the city about $50,000. Although the city has done some preliminary reports on the site's design and how it was originally constructed, none of those studies included inspections for asbestos levels.
If the city council reaches and agreement with National Swim Center, then the demolition plans will be abandoned. In both 2003 and 2007, the city paid for architects and structural engineering firms to examine the site and come up with some concept designs that would either allow for reuse of the facility or to determine the costs involved in demolishing the site.
Last week, Corpus Christi Mayor Joe Adame put forth a motion to the city council to knock down the old building and put up new housing and retail development on the site. The council voted down the mayor's motion, but did vote in favor of examining both the demolition and swim center proposals. The council will then examine the reports from both sides of the issue, and then vote on which option to exercise on January 12.
Since 1954, Memorial Coliseum has been the primary events center for the city. The site has hosted basketball and hockey games, rock concerts and other touring acts. In 2004, the American Bank Center opened with newer amenities and expanded seating capacity. During the last five years, Memorial Coliseum has sat empty, but several firms have approached city leaders with plans for reuse and redevelopment of the historic arena. National Swim Center is the sixth firm to discuss such options with the city council, and the third this year alone.
Regardless of whether the city chooses to refurbish Memorial Coliseum or if they plan to demolish the building, the issue of the asbestos in the fifty-five-year-old structure remains. According to US Environmental Protection Agency (EPA) mandates, workers involved in the removal and remediation of asbestos must wear special protective clothing and filtered breathing masks to insure that they do not come in contact with the dangerous fibers. The city must undoubtedly take the additional costs of such safety measures into account when they eventually reach a decision.
American Public Health Assn. Calls for Asbestos Ban
On November 11, the American Public Health Association, or APHA, closed its 137th Annual Meeting by calling on Congress for a comprehensive asbestos ban.
The theme of this year's meeting, "Water and Public Health: The 21st Century Challenge," didn't even allude to the ban, yet the 12,000 public health professionals in attendance were almost unanimous in their approval for the measure.
Asbestos has been banned in about 40 countries worldwide, but not in the United States, where - according to the U.S. Geological Survey - asbestos use and imports rose by 1,880 tons between 2007 and 2008.
This is almost a 10 percent increase, and largely due to the fact that the U.S. no longer mines asbestos. This is a fortunate occurrence given the condition of Libby, Montana, where the former W. R. Grace mine wreaked health havoc during most of its nearly 30-year history (1963 to 1992, when it still processed the remaining ore).
In fact, the U.S., under the aegis of the U.S. Environmental Protection Agency (EPA), actually tried to ban asbestos altogether, but in the end the powerful and well-financed asbestos lobby water legislation down to a provision that limits domestic production to one percent or less by weight (or volume). Importation continues unchecked, and asbestos continues to be used in consumer products, construction materials and brake pads, to name a few.
Add to that the asbestos legacy of more than seven generations, when asbestos was the most widely used insulating product in the country, going into everything from boiler and pipe insulation to plaster, caulks, floor tiles, acoustical ceiling tiles and sprays, to again name but a few. Asbestos is still found in vermiculite, a soil conditioner and seed encapsulant widely used in the gardening industry. Vermiculite is also used in animal feed, as an anti-caking agent, and in fertilizers and pesticides.
Asbestos can cause asbestosis, a respiratory disease similar to asthma. It can also cause lung and digestive system cancers. But its most devastating association is with mesothelioma, a cancer of the mesothelial linings of the lungs, heart or abdomen that grows silently for 20 to 50 years, producing few definitive symptoms, until so much vital tissue, and so many organs are involved that the typical prognosis is between one year and 18 months to live.
In about 10 percent of cases, these cancers, caught early, can result in survival rates of up to five years through an aggressive and sometimes debilitating regimen of surgery, dual chemotherapy and occasionally even radiation. But this prognosis is given to only the lucky few. Most people die within a year of diagnosis.
Banning asbestos, not only from domestic production but from importation, will go a long way toward eliminating the legacy of asbestos sixty years in the future, but little can be done for the millions of construction workers, electrical workers, firefighters, insulators, maintenance personnel, mechanics, plumbers, railroad workers and telephone workers already exposed by virtue of their employment, or the millions they have exposed in their homes by literally "wearing" asbestos fibers home.
Asbestos is literally everywhere, in the buildings where we work and live, the schools our children attend, even the hospitals where we go to receive health care, and asbestos doesn't degrade over time, remaining a constant threat that can be easily inhaled as fibers from demolished buildings, or ingested merely by swallowing saliva.
None of the health agencies charged with protecting the public from asbestos - the U.S. Dept. of Labor, under the Occupational Safety and Health Act (OSHA); the EPA under its National Emission Standards for Hazardous Air Pollutants (NESHAP) and its Asbestos Hazard Emergency Response Act (AHERA, for schools); the Centers for Disease Control (CDC); and American Cancer Society, to name a few - have ever established minimum, safe levels of exposure; a minute or a lifetime can trigger mesothelioma.
The theme of this year's meeting, "Water and Public Health: The 21st Century Challenge," didn't even allude to the ban, yet the 12,000 public health professionals in attendance were almost unanimous in their approval for the measure.
Asbestos has been banned in about 40 countries worldwide, but not in the United States, where - according to the U.S. Geological Survey - asbestos use and imports rose by 1,880 tons between 2007 and 2008.
This is almost a 10 percent increase, and largely due to the fact that the U.S. no longer mines asbestos. This is a fortunate occurrence given the condition of Libby, Montana, where the former W. R. Grace mine wreaked health havoc during most of its nearly 30-year history (1963 to 1992, when it still processed the remaining ore).
In fact, the U.S., under the aegis of the U.S. Environmental Protection Agency (EPA), actually tried to ban asbestos altogether, but in the end the powerful and well-financed asbestos lobby water legislation down to a provision that limits domestic production to one percent or less by weight (or volume). Importation continues unchecked, and asbestos continues to be used in consumer products, construction materials and brake pads, to name a few.
Add to that the asbestos legacy of more than seven generations, when asbestos was the most widely used insulating product in the country, going into everything from boiler and pipe insulation to plaster, caulks, floor tiles, acoustical ceiling tiles and sprays, to again name but a few. Asbestos is still found in vermiculite, a soil conditioner and seed encapsulant widely used in the gardening industry. Vermiculite is also used in animal feed, as an anti-caking agent, and in fertilizers and pesticides.
Asbestos can cause asbestosis, a respiratory disease similar to asthma. It can also cause lung and digestive system cancers. But its most devastating association is with mesothelioma, a cancer of the mesothelial linings of the lungs, heart or abdomen that grows silently for 20 to 50 years, producing few definitive symptoms, until so much vital tissue, and so many organs are involved that the typical prognosis is between one year and 18 months to live.
In about 10 percent of cases, these cancers, caught early, can result in survival rates of up to five years through an aggressive and sometimes debilitating regimen of surgery, dual chemotherapy and occasionally even radiation. But this prognosis is given to only the lucky few. Most people die within a year of diagnosis.
Banning asbestos, not only from domestic production but from importation, will go a long way toward eliminating the legacy of asbestos sixty years in the future, but little can be done for the millions of construction workers, electrical workers, firefighters, insulators, maintenance personnel, mechanics, plumbers, railroad workers and telephone workers already exposed by virtue of their employment, or the millions they have exposed in their homes by literally "wearing" asbestos fibers home.
Asbestos is literally everywhere, in the buildings where we work and live, the schools our children attend, even the hospitals where we go to receive health care, and asbestos doesn't degrade over time, remaining a constant threat that can be easily inhaled as fibers from demolished buildings, or ingested merely by swallowing saliva.
None of the health agencies charged with protecting the public from asbestos - the U.S. Dept. of Labor, under the Occupational Safety and Health Act (OSHA); the EPA under its National Emission Standards for Hazardous Air Pollutants (NESHAP) and its Asbestos Hazard Emergency Response Act (AHERA, for schools); the Centers for Disease Control (CDC); and American Cancer Society, to name a few - have ever established minimum, safe levels of exposure; a minute or a lifetime can trigger mesothelioma.
Florida Road to be Tested for Asbestos
The Florida Department of Environmental Protection will test concrete samples taken from a road near Fort Myers to determine if it contains asbestos. DEP investigators took the samples from a section of Summerlin Road near the south end of the city where workers were engaged in a project to widen a section of the street. A spokesman for the department said that they expect the test results to be available by early next week.
The director of the agency's office in Fort Myers, Jon Iglehart, said that the parties responsible for furnishing the asbestos-laced concrete could face fines of up to $10,000 if the samples show that more than two hundred sixty feet of asbestos fibers. The affected material must also be transported to a safe landfill and disposed of according to strict federal and state regulations regarding asbestos removal and remediation.
The investigation has forced work to stop on the intersection of Summerlin Road and College Parkway. Road crews were also in the process of building an overpass in that area, but work has also halted on that project pending the results of the tests. Officials with both the DEP and the Lee County Department of Transportation are unsure as to the origin of the tainted materials.
The construction firm responsible for the project, Posen Construction of Shelby Township, Michigan, near Detroit, did not comment on the findings. However, DEP officials have cited the company for asbestos violations during previous projects in the Fort Myers area. Posen Construction received a $6,500 fine from the DEP in January 2008 when investigators found more than a thousand linear feet of asbestos in their materials during another road widening project.
Until these most recent discoveries, Posen Construction has worked on several road construction and improvement projects in Lee County. The most recent project involved widening Summerlin Road from four lanes to six, with the contract estimated to be worth more than twenty-five million dollars. The project for which the firm was fined last year was worth over fifteen million dollars, with another effort to extend a local highway worth nearly thirty million more.
If the samples from the Summerlin Road site are found to have excessive levels of asbestos, Posen Construction may lose out on any future contracts with Lee County. Despite the fact that the county has been one of the firm's best customers over the years, Lee County Commissioner Ray Judah pledged that, "Posen will never work for (us) again" if the samples did not pass the required tests.
Mr. Iglehart added that the frequency that workers are finding asbestos-containing materials in concrete and other road-building materials has been increasing in recent years. He noted that concrete laced with asbestos has a "different finish" and is more compact than the standard material. He said that he and his staff take the threat of asbestos seriously due to the deadly nature of the fibrous material.
As long as the asbestos stays within the bindings of the concrete, it does not pose a health risk. However, as the concrete fragments are broken up, the asbestos fibers are released into the air. When a person breathes those fibers, they become embedded in the lung tissue and the person can develop mesothelioma, a rare and dangerous form of cancer that affects the fluid lining of the lungs. Most patients live less than two years after receiving their diagnosis.
The director of the agency's office in Fort Myers, Jon Iglehart, said that the parties responsible for furnishing the asbestos-laced concrete could face fines of up to $10,000 if the samples show that more than two hundred sixty feet of asbestos fibers. The affected material must also be transported to a safe landfill and disposed of according to strict federal and state regulations regarding asbestos removal and remediation.
The investigation has forced work to stop on the intersection of Summerlin Road and College Parkway. Road crews were also in the process of building an overpass in that area, but work has also halted on that project pending the results of the tests. Officials with both the DEP and the Lee County Department of Transportation are unsure as to the origin of the tainted materials.
The construction firm responsible for the project, Posen Construction of Shelby Township, Michigan, near Detroit, did not comment on the findings. However, DEP officials have cited the company for asbestos violations during previous projects in the Fort Myers area. Posen Construction received a $6,500 fine from the DEP in January 2008 when investigators found more than a thousand linear feet of asbestos in their materials during another road widening project.
Until these most recent discoveries, Posen Construction has worked on several road construction and improvement projects in Lee County. The most recent project involved widening Summerlin Road from four lanes to six, with the contract estimated to be worth more than twenty-five million dollars. The project for which the firm was fined last year was worth over fifteen million dollars, with another effort to extend a local highway worth nearly thirty million more.
If the samples from the Summerlin Road site are found to have excessive levels of asbestos, Posen Construction may lose out on any future contracts with Lee County. Despite the fact that the county has been one of the firm's best customers over the years, Lee County Commissioner Ray Judah pledged that, "Posen will never work for (us) again" if the samples did not pass the required tests.
Mr. Iglehart added that the frequency that workers are finding asbestos-containing materials in concrete and other road-building materials has been increasing in recent years. He noted that concrete laced with asbestos has a "different finish" and is more compact than the standard material. He said that he and his staff take the threat of asbestos seriously due to the deadly nature of the fibrous material.
As long as the asbestos stays within the bindings of the concrete, it does not pose a health risk. However, as the concrete fragments are broken up, the asbestos fibers are released into the air. When a person breathes those fibers, they become embedded in the lung tissue and the person can develop mesothelioma, a rare and dangerous form of cancer that affects the fluid lining of the lungs. Most patients live less than two years after receiving their diagnosis.
New York City Council Passes New Asbestos Rules
The New York City Council passed, by a unanimous vote, to prohibit demolition activities from starting or continuing in buildings undergoing asbestos abatement procedures. Council members felt that the asbestos fibers, often torn loose from concrete or other materials during demolition projects, posed a significant health risk to work crews and residents within the vicinity of any such project. The bill, gaining the approval of all forty-five members, was one of twelve passed during the most recent Council session, many of which dealt with how best to handle the various construction and demolition projects throughout the city.
The measure deals with issues that fire investigators came across after two firefighters perished when they answered a fire alarm in a condemned structure in 2007. The skyscraper was going through both demolition and asbestos abatement at the same time. Investigators afterwards stated that performing both processes simultaneously created a dangerous situation for the firefighters.
The demolition processes created a higher risk of fire in the building, while the bags and other equipment used to contain the asbestos-laced materials blocked off the firefighters' escape routes. The firefighters, Robert Beddia and Joseph Graffagnino, died after they were unable to get needed water from a malfunctioning standpipe inside the former Deutsche Bank building n Lower Manhattan.
City Council Speaker Christine Quinn spoke out about the new measure. She said both workers and the general public are safer when demolition and asbestos abatement projects are carried out separately. She also said that the measure should make a firefighter's job, which is often fraught with danger in the best of circumstances, somewhat safer. The recent legislation would stop contractors from conducting both asbestos abatement work and demolition on a building at the same time without the approval of the New York City Fire Department, the Department of Buildings, and the Department of Environmental Protection.
With the requirements needed for this added layer of verification and inspection, the Council also passed a bill requiring better communications between the various agencies in charge of such inspections. The idea would be to cut through much of the bureaucratic red tape and allow for sharing of information among the different offices that would oversee these new rules.
Another piece of legislation the council passed was to create a new program to grant firms the required permits for asbestos abatement and disposal. The new program would also call for contractors to take extra precautions when handling and removing asbestos-containing materials. Companies who deal with asbestos removal projects would need to pass stiff tests before city building code inspectors would grant such permits.
A related measure would forbid the use of any flammable material, including matches and cigarette lighters, on the floor of a building undergoing asbestos remediation. The new law would also prohibit smoking on those floors, as well as the presence of any tobacco-related products. Numerous research studies have shown that smokers who are exposed to asbestos are nearly one thousand times more likely to contract malignant mesothelioma, a disease that affects the fluid lining of the lungs, as well as other forms of lung cancer.
The measure deals with issues that fire investigators came across after two firefighters perished when they answered a fire alarm in a condemned structure in 2007. The skyscraper was going through both demolition and asbestos abatement at the same time. Investigators afterwards stated that performing both processes simultaneously created a dangerous situation for the firefighters.
The demolition processes created a higher risk of fire in the building, while the bags and other equipment used to contain the asbestos-laced materials blocked off the firefighters' escape routes. The firefighters, Robert Beddia and Joseph Graffagnino, died after they were unable to get needed water from a malfunctioning standpipe inside the former Deutsche Bank building n Lower Manhattan.
City Council Speaker Christine Quinn spoke out about the new measure. She said both workers and the general public are safer when demolition and asbestos abatement projects are carried out separately. She also said that the measure should make a firefighter's job, which is often fraught with danger in the best of circumstances, somewhat safer. The recent legislation would stop contractors from conducting both asbestos abatement work and demolition on a building at the same time without the approval of the New York City Fire Department, the Department of Buildings, and the Department of Environmental Protection.
With the requirements needed for this added layer of verification and inspection, the Council also passed a bill requiring better communications between the various agencies in charge of such inspections. The idea would be to cut through much of the bureaucratic red tape and allow for sharing of information among the different offices that would oversee these new rules.
Another piece of legislation the council passed was to create a new program to grant firms the required permits for asbestos abatement and disposal. The new program would also call for contractors to take extra precautions when handling and removing asbestos-containing materials. Companies who deal with asbestos removal projects would need to pass stiff tests before city building code inspectors would grant such permits.
A related measure would forbid the use of any flammable material, including matches and cigarette lighters, on the floor of a building undergoing asbestos remediation. The new law would also prohibit smoking on those floors, as well as the presence of any tobacco-related products. Numerous research studies have shown that smokers who are exposed to asbestos are nearly one thousand times more likely to contract malignant mesothelioma, a disease that affects the fluid lining of the lungs, as well as other forms of lung cancer.
Former 9/11 Hero Convicted for Asbestos Fraud
Mark Jakubek, who worked for the New York Port Authority as a New York-New Jersey field operations manager during the 9/11 episode that saw the destruction of the World Trade Center towers in New York in 2001, was convicted Friday, Dec. 4, in federal court of racketeering charges.
Jakubek, along with co-conspirator Anthony Fontanetta, now faces a mandatory prison term ranging from one year to 25 years for his part in a plan to allow an asbestos remediation firm, Specialty Service Contracting, to overcharge or fraudulently charge for asbestos remediation work performed at the Twin Towers site. According to the Manhattan District Attorney's office, this resulted in more than $60,000 illegally taken from the cleanup fund.
The Twin Towers event was the largest asbestos-hazard site in the history of the U.S., affecting 16,000 first responders and 2,700 residents of the area, some of whom have since died from the asbestos-laden toxic dust. This far outweighs the 2,600 residents of Libby, Montana, who have been sickened by the asbestos contamination of the former W.R. Grace mine.
In fact, the final legacy of 9/11 will not be apparent for decades, as asbestos-induced mesotheliomas lie dormant in the lungs of these first responders and residents, slowly invading vital tissue and organs until the tumors are so extensive and widespread that no amount of surgery, radiation and chemotherapy can remove them or prevent them from recurring.
Many of those affected are hoping that passage of the James Zagroda 9/11 Health and Compensation Act (named after the first responder who ultimately died from 9/11 exposure) will extend medical care funds until 2031, the likely date at which mesothelioma and asbestos illnesses from 9/11 will peak.
This is the first trial from the five-year-old indictment, which saw ten other individuals pleading guilty. The impetus behind the investigation and subsequent indictments came from the office of Manhattan District Attorney Robert Morgenthau, whose team - prior to 9/11 - had been looking into corruption in the asbestos removal industry and came up with a windfall in the form of organized crime families (like the Gambinos) and corrupt subcontractors who turned the 9/11 tragedy into a feeding frenzy, fighting for their share of the $21.4 billion pie offered by the federal government toward cleanup.
According to one source, at least $63.2 million of the $458 million made available by the Federal Emergency Management Agency, or FEMA, found its way to companies with mob ties.
The larceny was made possible only because the need to get the site cleaned up forced New York City to suspend its usual competitive bidding process, through the Department of Design & Construction.
Jakubek, who earned his heroes stripes by rescuing people from an elevator in one of the buildings during the 9/1l attack, remains free on bond while lawyers for the two (Jakubek and Fontanetta) plan arguments disputing the convictions.
Jakubek, who pleaded guilty in the 2003 federal bribery case by admitting he had taken about $20,000 in bribes to speed contractor payments, was fired during the investigation, while Fontanetta was merely suspended without pay. Both will return to court on Jan. 20, but no sentencing date has been established.
The 2003 indictment also charged Antonio Bueti, Arthur Mallett, Carlos Oseguera, Comprehensive Environmental of New York, Inc., Edward Looney, Gerald T.Campbell, Sr., Independent Monitoring and Analysis, Inc., James E. "Jeb" Brethauer, John Skinner, Joseph DePietto, Joseph Varsalona, Michael Adams, Michael McMahon, Peter Ellams, Robert Leary, Robert Phillips, Rocco Mongelli, and Specialty Service Contracting, Inc. Some have already pleaded guilty, some have been exonerated, and some await charges under what New York calls "enterprise corruption", which is their label for racketeering.
Jakubek, along with co-conspirator Anthony Fontanetta, now faces a mandatory prison term ranging from one year to 25 years for his part in a plan to allow an asbestos remediation firm, Specialty Service Contracting, to overcharge or fraudulently charge for asbestos remediation work performed at the Twin Towers site. According to the Manhattan District Attorney's office, this resulted in more than $60,000 illegally taken from the cleanup fund.
The Twin Towers event was the largest asbestos-hazard site in the history of the U.S., affecting 16,000 first responders and 2,700 residents of the area, some of whom have since died from the asbestos-laden toxic dust. This far outweighs the 2,600 residents of Libby, Montana, who have been sickened by the asbestos contamination of the former W.R. Grace mine.
In fact, the final legacy of 9/11 will not be apparent for decades, as asbestos-induced mesotheliomas lie dormant in the lungs of these first responders and residents, slowly invading vital tissue and organs until the tumors are so extensive and widespread that no amount of surgery, radiation and chemotherapy can remove them or prevent them from recurring.
Many of those affected are hoping that passage of the James Zagroda 9/11 Health and Compensation Act (named after the first responder who ultimately died from 9/11 exposure) will extend medical care funds until 2031, the likely date at which mesothelioma and asbestos illnesses from 9/11 will peak.
This is the first trial from the five-year-old indictment, which saw ten other individuals pleading guilty. The impetus behind the investigation and subsequent indictments came from the office of Manhattan District Attorney Robert Morgenthau, whose team - prior to 9/11 - had been looking into corruption in the asbestos removal industry and came up with a windfall in the form of organized crime families (like the Gambinos) and corrupt subcontractors who turned the 9/11 tragedy into a feeding frenzy, fighting for their share of the $21.4 billion pie offered by the federal government toward cleanup.
According to one source, at least $63.2 million of the $458 million made available by the Federal Emergency Management Agency, or FEMA, found its way to companies with mob ties.
The larceny was made possible only because the need to get the site cleaned up forced New York City to suspend its usual competitive bidding process, through the Department of Design & Construction.
Jakubek, who earned his heroes stripes by rescuing people from an elevator in one of the buildings during the 9/1l attack, remains free on bond while lawyers for the two (Jakubek and Fontanetta) plan arguments disputing the convictions.
Jakubek, who pleaded guilty in the 2003 federal bribery case by admitting he had taken about $20,000 in bribes to speed contractor payments, was fired during the investigation, while Fontanetta was merely suspended without pay. Both will return to court on Jan. 20, but no sentencing date has been established.
The 2003 indictment also charged Antonio Bueti, Arthur Mallett, Carlos Oseguera, Comprehensive Environmental of New York, Inc., Edward Looney, Gerald T.Campbell, Sr., Independent Monitoring and Analysis, Inc., James E. "Jeb" Brethauer, John Skinner, Joseph DePietto, Joseph Varsalona, Michael Adams, Michael McMahon, Peter Ellams, Robert Leary, Robert Phillips, Rocco Mongelli, and Specialty Service Contracting, Inc. Some have already pleaded guilty, some have been exonerated, and some await charges under what New York calls "enterprise corruption", which is their label for racketeering.
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