Clapper, Patti, Schweizer and Mason

Before demolition or remodeling begins to a structure known to contain asbestos materials or built before the 1980’s, an inspection should be performed to check for, identify and locate the presence of any asbestos.  The Department of Environmental Quality (DEQ) and/or Environmental Protection Agency should be notified and inspections performed prior to any work, tear down, or clean up.  Such laws are in place to protect workers and the general public from dangerous exposure to asbestos, which is known to cause mesothelioma and other related cancers.

State and federal laws require those performing demolition to first notify the controlling environmental agency and check for the presence of asbestos.  If these steps are not taken and later inspectors discover there was asbestos on site, contractors, property owners and insurance companies can face criminal and civil charges, as well as be responsible for any further clean up or damages incurred as a result.

Often the notification and inspection steps will be skipped either because the building is deemed to present and immediate threat to safety due to deteriorated or damaged condition (such as after a fire) or because of the extra costs involved in hiring the proper asbestos inspectors and then abatement contractors if asbestos is found. 

Exposure to asbestos can cause painful and fatal diseases, the most serious being mesothelioma.  There is no safe level of exposure and contact should be avoided completely.  Unsafe removal or disposal of materials containing asbestos puts many at risk of years later developing illnesses.

At the beginning of this month, three men from New York were indicted on charges of illegal and unsafe removal of asbestos from an apartment building that had been damaged by fire.  The three men also face charges of conspiracy and violations of the Clean Air Act.  What is especially sad in this case is that the three men are accused of knowing the dangers, hiring temporary laborers and having them remove materials known to contain the toxic mineral without any protections.  And all supposedly just to avoid the extra cost of hiring those trained to remove asbestos safely. 

The case against Peter DeFilippo, David Olsen, and Joseph Terranova will be prosecuted by the Michigan U.S. Attorney’s Office.