ASBESTOS REMOVAL
Worcester, Mass., agrees to settle school asbestos-removal violations

The National Institute for Occupational Safety and Health (NIOSH) confirms a disturbingly high mortality rate among U.S. school teachers dying from mesothelioma cancer caused by asbestos building materials decaying inside old school buildings.

FEATURE STORY

December 15, 2009 - When it was discovered that vinyl asbestos tiles at the Vernon Hill School in Worcester, Mass., were improperly removed and disposed of by public school officials, the Massachusetts attorney general, Martha Coakley, took the City of Worcester to court.

Judge Elizabeth Fahey signed off on an agreement in Suffolk Superior Court last Thursday, requiring Worcester officials to develop and implement an environmental management system for the city’s public school buildings.

According to the terms of the agreement, Worcester will also pay a $75,000 civil penalty, which will be waived if the city completes the environmental management system in accordance with the settlement agreement.

“The City of Worcester is taking a major step towards assuring that the students in the public schools are protected from environmental hazards in the schools by comprehensively addressing environmental issues,” Coakley said. “This is a great outcome for Worcester and particularly for the students who attend the public schools.”

Origin of asbestos school project

Worcester city employees removed vinyl asbestos floor tiles over spring vacation in April 2007 without using a licensed asbestos contractor, Coakley's complaint alleged. The vinyl asbestos tiles contained asbestos concentrations of approximately 33 to 42 percent.

Furthermore, according to the complaint, cracked and broken pieces of vinyl asbestos floor tile from the school's auditorium were placed in plastic bags, put inside cardboard drums, and placed between rows of lockers under the stage in the auditorium.

The city failed to label the barrels properly with asbestos warnings and did not seal the auditorium, which would have kept toxic asbestos dust from escaping. Nor did the city employ an air filtration system to capture airborne asbestos fibers, said court papers.

Upon discovering the violations, MassDEP ordered the city to restrict access to the auditorium so a licensed asbestos contractor could dispose of the asbestos waste materials properly. The state agency had the auditorium cleaned and decontaminated.

Time to seek justice

Weitz & Luxenberg has protected the legal rights of asbestos-injured workers since 1986. And in that time the firm's asbestos lawyers have won several billion dollars in verdicts and settlements for clients injured by occupational asbestos exposure.

If you have been diagnosed with mesothelioma and seek a free case review, please notify us through the communication form on this page. We will pursue your claim with vigilance to help you pay for medical bills, lost wages, and suffering.

Please know, the firm works on a contingency basis so there is no cost to you until we obtain a verdict or reach a settlement in your favor.