New Castle, DE Catholic School Facing Possible Asbestos Violation Charges

Parish volunteers unknowingly remove asbestos-contaminated floor tiles at New Castle, DE Catholic elementary school, putting themselves and others at risk for exposure to asbestos. Even short-term exposure to the dangerous mineral is known to cause serious illnesses such as mesothelioma cancer, asbestos-related lung cancer and asbestosis.

An August 2009 renovation project at the St. Peter Elementary School in New Castle, Delaware took a potentially dangerous turn when it was discovered that a group of parent volunteers had removed asbestos-contaminated floor tiles from the school’s cafeteria and gym.

Acting upon a complaint, a Delaware Department of Natural Resources (DNREC) inspector visited the school on August 24, 2009, where a number of violations were noted, including:

Removal of asbestos-containing materials (ACM) by uncertified workers;

Failure to seal off a work area where ACM is present;

Failure to dispose of ACM in accordance with DNREC regulations;

Failure to properly remove ACM residue; and

Failure to maintain records for the removal and disposal of ACM.

A representative for the Diocese of Wilmington, DE stated that neither the parish’s pastor nor the school’s principal were aware that the project would involve the removal of ACM>

However, news reports into the investigation do not shed light on how the volunteer project came to be approved, or that parishioners were not informed the work was to be done by volunteers. This important information and disclosure issue came to light after the fact, when news media speaking to concerned parents about the problem spoke to a parishioner who is employed as a supervisor for a certified asbestos removal company.

State Regulations Require Schools to File Periodic ACM Reports
The U.S. Environmental Protection Agency (EPA) has specific asbestos reporting regulations that all schools must follow. These regulations, which are part of the Asbestos Hazard Emergency Response Act (AHERA) and the Clean Air Act, require that schools submit detailed reports identifying all areas in each school building where ACM is present and create management plans for any renovation project that could involve the removal of ACM. AHERA also requires that the management plan be made available to parents and all school organizations that use the school buildings.

Information about the AHREA regulations for schools can be found here.

Concern from Parents and Parishioners about Exposure
Once the DNREC investigation began and letters were sent to parents, a number of parishioners expressed significant concern about potential health risks. While the project was ultimately completed by a certified asbestos-abatement company, members of the parish community remain highly concerned about whether they, their children, the parent volunteers and others working for the parish while the work was taking place may have been exposed to the dangerous carcinogen.

Since the area had not been contained and the contaminated floor tiles were found in a trash dumpster on the parish grounds, the DNREC investigators found it likely that those in the area could have been exposed to asbestos dusts.

Long Latency Period for Asbestos Disease
The well-known dangers from asbestos exposure are caused by the microscopic structure of the asbestos fibers themselves. When asbestos is inhaled, the sharp, jagged edges on the fibers cause them to attach to the lungs.

Unlike smoke, dust, pollen or other irritants which can be expelled by coughing or sneezing, asbestos remains in the lungs, where it can eventually cause chronic lung diseases like pleural plaques disease or asbestosis. If the long-dormant asbestos causes abnormal lung cells to develop, it can lead to lung tumors, lung cancer or mesothelioma.

This decades-long latency period (the time between exposure and the diagnosis of an asbestos disease) can be 30-40 years long. For the parent volunteers, school teachers, parishioners or others in the parish buildings or area when the work was taking place, that means they will not know the effects of their exposure for many, many years.

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