Mesothelioma and Asbestos News
Asbestos claim draws fireBy Amanda Keister October 29, 2006 NORTHUMBERLAND — Five current and former employees of the borough
public works department are seeking workers' compensation because they
say they were exposed to asbestos while working in the But the borough council president claims the complaints are a ploy for three current employees to gain leverage in contract negotiations with the Teamsters Local 764. The employees allege the exposure happened in 2003, about three years after the borough bought the They claim borough secretary Janice Bowman told them to remove tiles from the gymnasium floor that had been damaged by a leaking roof and dispose of them in two borough-owned Dumpsters. Then, they said, borough officials ignored their concerns of asbestos exposure and ordered them to work anyway. Dust inside the gymnasium was so thick while they were ripping up tiles with ice scrapers and shovels that they could barely see one another, the employees said. That was three years ago. Employees under contract were not permitted to speak to The Daily Item, said Teamsters representative Jimmy Little. Other claimants willingly spoke to The Daily Item, but would not give their names. Council President Bryan Wolfe identified them as current employees Steven Carr, Steven Haas and Todd Snyder, and former employees Nathan Fisher and Don Keeley. They have now filed a claim with the borough's workers' compensation carrier, EMC Insurance, asking for physicals to determine whether their exposure to the asbestos inside of the school was detrimental to their health. Their attorney, Patrick Casey, of Mr. Wolfe said he knew nothing of the removal of the tiles until the work was completed. He and Mrs. Bowman flatly denied any borough administration official ordered the removal of the tiles inside the "We did not ask them to do that," Mr. Wolfe said. "I look at it as employees taking our property and taking it off our property and certainly doing it without anyone telling them to do so." Mr. Wolfe believes the claims are a tactic to gain leverage in contract negotiations, which began in the summer, Mrs. Bowman said, to renew a contract that expires Dec. 31. "We have not had very productive negotiations with them," Mr. Wolfe said. "They want everything under the sun and I think this just added to the list." This March, Mr. Snyder had two tiles tested for asbestos, tiles that were gathered in the area of a Dumpster where the tiles were allegedly disposed of three years before. "We had tried to get the tile that was supposedly tested and we were told by the union that we were not privy to that information," Mr. Wolfe said. "We have no way to verify that the tile came from the school." According to test results from Applied Environmental, of He said the majority of samples the company tests are floor tiles, one-third of which usually test positive for asbestos. The same tiles tested positive for less than 1 percent of fibrous cellulose, a binding agent commonly made up of miscellaneous rock, and 95 percent non-fibrous filler. Regulations concerning the removal of asbestos differ depending upon the type and condition of the asbestos being removed. Mr. Peters said the asbestos found on the floor tiles that workers say came from the gymnasium of the Second Street School were nonfriable, meaning the tiles contain more than 1 percent asbestos and that, when dry, cannot be crumbled, pulverized or reduced to a powder by hand pressure. Category 1 nonfriable asbestos-containing material only becomes regulated asbestos-containing material when it has become friable (when dry, can be crumbled, pulverized or reduced to a powder by hand pressure) due to water damage, fire damage or weathering. Daniel Spadoni, a spokesman for the state Department of Environmental Protection, said certain types of asbestos in certain quantities by law must be removed by a certified asbestos contractor. "If it's friable and it's there in a certain quantity, then it needs to be removed by a certified asbestos contractor," Mr. Spadoni said. Failure to comply could result in sanctions ranging from a warning letter to a fine. Before selling the building to Northumberland, the Shikellamy School District conducted an asbestos abatement project in the boiler room of the Second Street School where the district removed asbestos from the boilers and pipe fittings, said school district facilities director Daniel Saxton, and neither Mr. Wolfe nor Mr. Saxton were surprised to hear of more asbestos in the building. "Buildings of that age typically were built with asbestos inside, with asbestos floor tile," Mr. Saxton said. Mr. Wolfe said current wrangling over the worker's compensation claim will do nothing to derail plans the borough has for the "If the Teamsters feel they need to negotiate in the paper and in public, then I guess we have no choice but to do the same," Mr. Wolfe said. "If that means airing all their dirty laundry, then we will do that." |
