Asbestos Contamination at Brooklyn, NY High School Prompts Cancellation of Classes and Saturday SAT Testing

Failure to properly remove asbestos-containing materials at Brooklyn’s Lafayette High School puts students, teachers and staff at risk for exposure to the dangerous carcinogen. Exposure to asbestos is known to cause serious illnesses such as mesothelioma cancer, asbestos-related lung cancer and asbestosis.

On December 3, 2009, workers hired by the Department of Education to perform after-hours renovation work at the Lafayette High School in the Bensonhurst neighborhood of Brooklyn caused asbestos to contaminate the school hallways when allegedly improperly removing pipes and pipe insulation in the building's basement.

When the school’s custodian arrived for work the following morning, he discovered the asbestos debris and contacted the New York School Construction Authority (SCA). However, the SCA did not send an investigator to the school until the afternoon.

Even more frightening was that despite being notified of the contamination from asbestos-containing materials (ACM) debris, the school was not ordered to be closed. While the investigation did result in closing the school building for the weekend, high school students scheduled to sit for SAT testing the next day were not advised of the closure.

State and Federal Regulations Regarding Asbestos in Schools
Every public, private, charter and religious school in the United States is required to comply with the Asbestos Hazard Emergency Response Act (AHERA). Under AHERA regulations, the New Department of Education (DEC) is required to maintain records on ACM, which include:

Conducting inspections of all DEC facilities every three years;

Maintain an asbestos management plan for each school and maintain a copy of the plan at each school;

Provide yearly notification to parents, teachers and employee organizations that use each school regarding renovations that may disturb ACM; and

Make certain that only accredited professionals conduct inspections, response actions and prepare each school’s management plan.

ARERA regulations also require that the appropriate local or state agencies be contacted before any asbestos abatement projects are undertaken, as well as any renovations or demolition work that may involve disturbing ACM. These regulations also mandate that only certified asbestos remediation contractors are permitted to conduct renovations that will involve the removal of ACM.

Limited Asbestos Exposure Can Cause Serious Illness Many Decades Later
Studies have shown that even individuals who experience limited exposure to the dangerous cancer-causing substance are at risk to develop asbestos disease.

There is a 30-40 year latency period (the time between exposure and when symptoms of illness are first noticed) between exposure to asbestos and the diagnosis of an asbestos disease.

These decades-long asbestos latency periods are caused by the way microscopic asbestos fibers attach to lung tissue. Their sharp, jagged edges prevent them from being expelled from the lungs by coughing or sneezing.

Instead, the fibers eventually cause lung tissue to scar, which results in chronic breathing problems like asbestosis, pleural plaques disease or chronic obstructive pulmonary disease (COPD). The asbestos fibers can also cause the lungs to produce abnormal cells, which cause lung cancer tumors to develop.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos-related disease, our lawyers may be able to help you to seek justice for your illness and file a lawsuit on your behalf.

Please complete the form on this page for a free and confidential review of your potential asbestos lawsuit or request a free copy of our asbestos sourcebook.

A Weitz & Luxenberg representative will contact you as soon as possible.