EPA Investigates Asbestos Exposure Issues at Topeka, KS Prison Dormitory

Topeka, KS prison inmates, staff and others who were onsite during 2005 renovations at the Topeka Correctional Facility may have been exposed to asbestos. The dangerous carcinogen is known to cause many serious pulmonary diseases, including mesothelioma, asbestos lung cancer and asbestosis.

If your family has been affected by a loved one’s diagnosis with an asbestos disease, our lawyers may be able to help you. Complete the form on this page to obtain more information about your legal options.

According to a February 13, 2010 news report from the Topeka Capital-Journal, the U.S. Environmental Protection Agency (EPA) has launched an investigation into the alleged illegal removal of asbestos-containing materials (ACM) at the Topeka Correctional Facility. The renovation project, which took place in 2005, was allegedly performed by prison inmates and other prison staff members, none of whom had been certified to handle, remove or dispose of the dangerous cancer-causing substance.

As part of the EPA investigation, several Kansas Department of Corrections (KDOC) employees have been interviewed regarding the project and how the asbestos abatement was performed. While the EPA investigation is focusing only at asbestos removal at one building at the prison facility, interviews have allegedly reflected that illegal asbestos removal had taken place in other areas of the facility.

The EPA investigation also focuses on whether the KDOC had properly advised the Kansas Department of Health and Environment (KDHE) about the planned asbestos removal. The EPA and the KDHE oversee and enforce all federal and state regulations involving renovation or demolition projects where asbestos materials will be disturbed.

Regulations Regarding the Removal of Asbestos
Asbestos products were used in the construction and insulation of virtually every commercial structure built prior to the 1970s.

Because of the likelihood that asbestos materials will be disturbed during renovation and demolition projects, both the EPA and the KDHE require that:

A certified asbestos contractor must be hired to conduct all asbestos abatement projects;

The KDHE must be formally notified that an asbestos abatement work project will be taking place;

All workers hired by the asbestos abatement contractor have been properly trained and certified by the state to remove and dispose of asbestos materials;

Air quality testing is performed to make sure that asbestos-contaminated dusts are not released into the environment;

All ACM is properly bagged, labeled and taken to a state-approved location for disposal; and

All federal and state regulations are followed to ensure that workers and others who live or work in the area where the asbestos abatement project is taking place are protected from exposure to the cancer causing mineral.

Inmates and Prison Workers at Risk for Asbestos Disease
Any prison inmates, prison employees or others who were in the area where the alleged illegal asbestos removal took place face a lifelong risk to develop serious asbestos diseases.

When microscopic asbestos fibers are inhaled, they remain in the lungs rather than being expelled by coughing or sneezing. The sharp edges on the fibers cause them to attach to lung tissues, where they eventually cause the lungs to scar or for serious diseases to develop decades later (known as the asbestos latency periods).

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.