Eugene, Oregon Area Flooring Contractor Fined for Asbestos Removal Violations

On January 25, 2010, The Oregon DEQ announced it had cited a commercial flooring contractor for permitting unlicensed individuals to perform asbestos abatement work.

The DEQ requires all those who perform asbestos abatement, remediation or demolition projects where asbestos materials are present to be certified. Improper removal of the dangerous mineral puts workers at risk to develop serious, life-threatening illnesses such as mesothelioma cancer, asbestos-related lung cancer or asbestosis.

When Oregon Department of Environmental Protection (DEP) inspectors visited a renovation and asbestos abatement work site at the Bend Senior High School in September 2009, their findings resulted in disturbing news for health and safety of all those working at the Bend, OR work site.

The DEQ inspectors discovered that an area commercial flooring contractor had hired unlicensed subcontractors to remove asbestos-containing materials (ACM), including floor tiles, at the site. According to the DEQ, neither the flooring company nor their subcontractors had been licensed by the DEQ to perform asbestos abatement or remediation work.

The company was charged with a number of violations, including:

• Allowing workers to improperly remove ACM, in this case, by the use of scrapers and putty knives;
• Allowing unlicensed workers to perform asbestos abatement;
• Improper removal and packaging of ACM waste; and
• Improper disposal of ACM.

As a result of the violations, the company was fined $1,800.

State and Federal Regulations for Proper Asbestos Removal and Disposal
The Oregon DEQ investigates and enforces regulations under the federal Clean Air Act and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). All three agencies regulate issues regarding asbestos abatement and demolition projects, including:

• The requirement that all workers who perform asbestos removal and abatement have been properly trained and certified by the state where they will perform the job;
• That specific guidelines for the testing of materials that may contain asbestos be conducted prior to beginning any renovation or demolition projects;
• That workers follow specific guidelines to seal off areas where asbestos abatement is taking place to prevent airborne asbestos fibers from being released into the environment; and
• To follow state and federal regulations for the packing and disposal of ACM waste.

Unlicensed Workers at Risk for Asbestos Disease Many Years From Now
The unlicensed workers hired to perform asbestos abatement at the high school, as well as others working in the area, were placed at considerable risk for exposure to dangerous asbestos dusts.

When asbestos fibers are inhaled, they remain in the lungs rather than being expelled by coughing or sneezing. The sharp, jagged edges on the microscopic fibers cause them to attach to lung tissue, where they can eventually cause scarring and other problems in the lungs.

The latency period (the time between exposure to asbestos and when symptoms of illness are first noticed) can be 40 or more years long, meaning that those exposed during the Bend High School abatement project remain at lifelong risk for asbestos disease.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos-related disease, we 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.