Montpelier, VT School District Files Lawsuit Regarding Asbestos Cleanup at Middle School

On July 28, 2009, the Times Argus reported that a Montpelier, VT school district had filed a lawsuit against an area flooring company for damages related to the cleanup of asbestos at the district’s middle school during the summer of 2008.

The lawsuit alleges the company did not follow Vermont OSHA (VOSHA) mandated regulations for the removal of asbestos-containing materials (ACM) at the school. As a result, the school district allegedly incurred an additional $88,000 in fees and costs related to the project, including costs associated with hiring another contracting company to complete the asbestos removal and abatement work.

As part of a site visit by an inspector from the Vermont Department of Health, the inspector observed company employees using mechanical chippers to remove floor tiles that were alleged to contain asbestos. The inspector also noted that the company had not provided ventilation protection for those in the building at the time the work was being performed.

As a result of the inspection, the school was closed to the public for the duration of the project. The delays caused the middle school to open for fall classes one week later than originally anticipated.

In addition to the lawsuit, the contracting company faces potential VOSHA fines and possible administrative actions by the Vermont Department of Health and the Environmental Protection Agency (EPA).

Even limited exposure to asbestos is known to cause serious illnesses such as mesothelioma, asbestos-related lung cancer or asbestosis.

If you or a loved one has been diagnosed with an asbestos illness, contact our lawyers today for a free review of your case. A Weitz & Luxenberg representative will contact you as soon as possible.