Clapper, Patti, Schweizer and Mason

Judge Stephen J Sfekas imposed fines of over $1.3 million against a Baltimore property owner and New York demolition contractor for improper removal of asbestos from a six story building back in 2007. This is the largest fine ever imposed for asbestos violations, perhaps because it put so many workers at risk of later developing mesothelioma.

 

Asbestos is well recognized as a health hazard since exposure to asbestos fibers causes mesothelioma and other lung related diseases. The U.S. Environmental Protection Agency (EPA), Occupational Safety and Hazard Agency (OSHA) as well as Maryland State Department of the Environment all have established regulations in regards to removal and disposal of asbestos containing materials.

 

An anonymous tip led to an investigation where it was discovered that large amounts of asbestos was being improperly disposed. Proper disposal requires that any asbestos contaminated product be wet down, bagged in air tight, leak-proof plastic bags that then are properly marked, and disposed of in approved waste sites. 

 

In addition, workers are to be trained in asbestos hazards and proper protection procedures. None of the workers on site had been given any notice, training, or proper respirators or clothing. Asbestos materials were being dumped down a chute into an open dumpster below, causing a high risk of airborne asbestos to be inhaled or ingested.

 

Asbestos only poses a health hazard when it becomes airborne, or “friable”. In such condition, it can easily be inhaled into the body, where fibers lodge in the mesothelium, or protective lining around the heart, abdomen and lungs. Decades later, symptoms of mesothelioma begin to appear. Unfortunately, most patients do not survive past a year from time of diagnosis.

 

Exposure to asbestos is a well-known danger, and in this case, the demolition contractor, Eric Vera, showed blatant disregard for the health of the workers on site. At the time work was stopped and another licensed asbestos abatement contractor was called in, about 7,500 bags of asbestos waste were still left to be properly removed.

 

Vera is being charged 1.2 million for willful violations of environmental protection laws, apparently committed with intentional indifference for the safety of other workers.    The owner of the building, a limited liability corporation headed by Ali Farooq, was fined $115,500. The owner claims he was unaware that asbestos containing materials remained in the building as he was given records that showed extensive asbestos removal had occurred in the early 1990’s.

 

Eric Vera, the demolition contractor from New York, has yet to be located.