ASBESTOS-YOU CAN STILL BE EXPOSED

by Steven E. Crick

Most companies stopped using asbestos in products in the 1970's and, in most circumstances, construction workers should not be exposed to asbestos from new products. Because asbestos has not been used for so many years many people believe that they can't be exposed to asbestos today. That is a horrible misconception. The asbestos products used in the 1920's, 30's, 40's, 50's, 60's and 1970's can still be found in the buildings where they were originally installed. Workers remodeling, maintaining and just working in old buildings and homes have the potential for exposure to asbestos even today.

Our office settled several claims of men who were communication workers. Their job was to install telephone lines in new buildings and to add lines in existing buildings. Adding new lines for computers and telephones is an everyday occurrence in most commercial buildings. To install new lines in existing buildings these men had to get above the drop ceiling, often ceiling tiles, and throw new lines from the point of origin to the new location. Unfortunately, many ceiling tiles contained asbestos and moving those tiles can create a potential for inhaling fibers. Some lines are hung from the deck by clamps. The decks in many buildings are covered with fireproofing, a plaster material that, until 1973, contained asbestos. To install a clamp these men scraped fireproofing to get a clean attachment-another potential exposure. In many cases, the fireproofing fell apart over the years leaving dust and particles on the ceiling tiles to fall on the men when they opened the ceilings.

We recently settled a claim for a 34 year old man dying from mesothelioma. He was exposed to asbestos in his childhood home when his family remodeled the basement with an asbestos-containing joint compound applied to drywall. He was exposed again as a teenager when he tore out those same walls in a new remodeling project. Another client used joint compound to remodel his basement and kept the leftover joint compound in his garage for future use. When he was diagnosed with mesothelioma we found that the joint compound was still in the garage and that it did contain asbestos-incredible because the box listed its ingredients and did not list asbestos. Many people still have packages of asbestos in their basements, garages and storerooms. Should you throw it away? Not necessarily. Don't use it again but you should consider keeping it in a plastic container as evidence in case you develop a disease. Throwing it away today just gets rid of the proof of how you were exposed.

Many houses contain asbestos even now. Attic insulation made of vermiculite may contain asbestos. Joint cement on walls may contain asbestos-it was sold with asbestos until the late 1970's. Ceiling texture in homes contained asbestos until the late 1970's, too. Vinyl flooring doesn't necessarily have asbestos on the part of the floor you walk on but the underside of the floor, the part glued to the floor, may contain asbestos. Don't remove those old floors without taking precautions. While the vinyl floor may not release asbestos, removing that floor with force like a sander may release huge quantities of asbestos into the air.

Our office gets calls regularly from people who had their homes remodeled only to find that the contractors demolished an asbestos product and contaminated the house. Cleaning up the contamination can be costly. In several years that contamination could lead to disease.

Don't think that because new products are asbestos-free that you live in an asbestos-free world. If you have a question please e-mail Steven Crick. Your question may be addressed in future column. Specific questions may require an appointment. For more information, go to www.hfmlegal.com.