Ivanka Trump, Kellyanne Conway and other senior White House aides have vacated their West Wing offices while asbestos is removed – even as the Trump administration is manipulating a federal chemical safety law to keep asbestos legal.
Showing posts sorted by relevance for query asbestos. Sort by date Show all posts
Showing posts sorted by relevance for query asbestos. Sort by date Show all posts
Friday, August 23, 2019
Saturday, June 6, 2020
Asbestos: Strict Liability Imposed Against Product Manufacturers for Ordinary Product Life
The NJ Supreme Court decided an asbestos product liability case that mandates strict liability against manufacturers or distributors of products that contain asbestos-fiber. The court in granting strict liability for failure to adequately warn ultimate users during the ordinary life of the product of the dangers. The Court aligned NJ common law with the US Supreme Court, the NY Court of appeals and the Maryland Court of Appeals.
Thursday, March 30, 2017
National Asbestos Awareness Week April 1-7, 2017
S. RES. 98 Designating the first week of April 2017 as “National Asbestos Awareness Week”.
IN THE SENATE OF THE UNITED STATES
March 27, 2017
03/29/2017 Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent. (All Actions)
Mr. Tester (for himself, Mr. Markey, Mr. Isakson, Mr. Daines, Mr. Durbin, Mrs. Feinstein, Ms. Warren, Mr. Merkley, and Mr. Leahy) submitted the following resolution;
IN THE SENATE OF THE UNITED STATES
March 27, 2017
03/29/2017 Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent. (All Actions)
 |
| Senator Jon Tester |
Mr. Tester (for himself, Mr. Markey, Mr. Isakson, Mr. Daines, Mr. Durbin, Mrs. Feinstein, Ms. Warren, Mr. Merkley, and Mr. Leahy) submitted the following resolution;
Thursday, January 31, 2013
Asbestos Disease Remains a Problem Despite Lower Consumption in the US
Asbestos this has been used for decades in the United States in militray and civilian environments in various forms including construction material and insulation. It appears in commercial and military buildings and equipment, as well as residential and consumer appliances.
Asbestos has been causally connected to a rare and fatal cancer, mesothelioma. Asbestos has also been linked to various other cancers including: lung cancer, a well as a pulmonary condition, asbestosis.
Saturday, March 27, 2010
Asbestos Inspector in NY Admits Faking Tests
In the first criminal prosecution for violating the Toxic Substances Act, a NY inspector admitted in court that he made up hundreds of asbestos and lead tests between 2001 and 2009 and never actually inspected the buildings that he was charged to evaluate.
"EPA has also found that inhalation of asbestos can cause lung disease and cancer, and classified asbestos as a known human carcinogen. New York City has rules and regulations intended to reduce human exposure to asbestos fibers. Among other things, those rules and regulations require that, prior to the commencement of certain demolition and other projects, an inspection be performed by a New York City certified asbestos investigator to determine whether asbestos is present and, if so, how much and what kind, and whether the asbestos will be disturbed during the project. One purpose of the inspection is to determine whether or not the project is to be an "asbestos project" which requires the filing of a notice with the City and an abatement prior to commencement of the project. If the project is determined not to be an asbestos project, New York City rules and regulations require that a certified asbestos investigator complete, sign, and affix his or her asbestos investigator seal to a form captioned "Not an Asbestos Project," known generally as an ACP-5, and file that form with the City prior to issuance of a building permit and commencement of the project.
"Until approximately February 17, 2004, Todara was a New York City-certified asbestos investigator, which authorized Todaro to inspect buildings for asbestos and to prepare and file -3 ACP-5s. On or about February 17, 2004, however, the City of New York suspended Todaro's asbestos investigator certificate, after which Todaro was prohibited from performing building inspections for asbestos and from preparing and filing ACP-5s in the City of New York.
"However, despite the suspension of his asbestos investigator certificate, Todaro continued to prepare ACP-5s for filing with the City of New York regarding building projects taking place throughout the city. On numerous occasions, Todaro did so without actually performing an inspection of the premises identified in the ACP-5. In order to make it appear that inspections had actually been performed by a certified asbestos investigator, Todaro prepared backdated ACP-5s that falsely represented that he had performed an asbestos inspection and that he had done so prior to the suspension of his asbestos investigator certificate. Todaro submitted bogus ACP-5s, together with invoices describing the services provided as "Inspect/ACP5," to his customers, at least some of whom billed customers of their own for Todaro’s purported services. Certain kinds of demolition and renovation activities in buildings can result in the release of asbestos fibers from building components into the air and the contamination of building components with lead-containing dust. Asbestos fibers in the air can be detected through the taking of air samples and laboratory analysis of those samples ("air monitoring"). Lead contamination of building components can be detected through lead clearance testing.
"On hundreds of occasions, Todaro created and caused to be created false laboratory reports purporting to set forth the results of asbestos air monitoring and lead clearance testing performed at sites in which demolition and renovation activities were occurring or had occurred. Todaro then mailed these bogus reports, along with invoices for payment for his purported services, to customers. Those customers included, among others, management companies, landlords, and contractors. Some of Todaro's customers, in turn, billed customers of their own for Todaro's purported services. Moreover, some of the fraudulent invoices submitted by Tosaro were ultimately paid for under New York City government programs, administered by HPD, through which buildings in New York City were renovated, demolished, or demolished and re-built (the "HPD Programs"). One purpose of the -4 HPD Programs was to increase the stock of affordable housing in New York City.
Special Agent-in-Charge Majorie Franzman stated: "The egregious and reprehensible actions of Mr. Todaro exhibited a complete disregard for the health of unsuspecting residents in New York City. Mr. Todaro also placed at risk those workers who perform demolition and renovation work by exposing them to potentially unsafe levels of lead and asbestos. My office will continue to work closely with our law enforcement partners to hold accountable those who violate OSHA safety regulations and worker safety laws."
Saturday, September 17, 2016
Senator Boxer Calls for Expedited TSCA Asbestos Evaluation
Senator Barbara Boxer (D-CA), Ranking Member of the Environment and Public Works Committee, sent a letter today to Gina McCarthy, the Administrator of the Environmental Protection Agency (EPA), urging the Agency to move quickly to act on all forms of asbestos under the new Toxic Substances Control Act (TSCA). EPA is required to select 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. The full text of the letter is below.
August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.” OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
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August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.” OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
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Friday, June 22, 2012
Unlawful Asbestos Removal Results in Criminal Charges
Demolition Contractors Indicted for Unlicensed and Unsafe Asbestos Removal at Zurbrugg Hospital Site in Riverside NJ
Illegal actions allegedly caused release of asbestos dust and debris
NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg Memorial Hospital in Riverside, N.J., without a license, using workers who were not trained or equipped to do the job safely.
The Division of Criminal Justice obtained a state grand jury indictment charging Frank J. Rizzo, 53, of Parlin, Michael Kouvaras, 59, of Maplewood, and the company they ran, Deuteron Capital, LLC, doing business as South Street Fillit Recycling of Riverside, with conspiracy (2nd degree), unlawfully causing the release of a toxic pollutant (2nd degree), abandonment of toxic pollutants (2nd degree), and violating the Asbestos Control and Licensing Act (3rd degree). The charges stem from a joint investigation by the Division of Criminal Justice Environmental Crimes Unit and the Department of Corrections Special Investigations Division.
Between August 2010 and March 2011, the defendants allegedly used untrained day laborers, including inmates from a halfway house, to remove asbestos from the hospital buildings in connection with demolition at the site and their efforts to salvage valuable copper and steel. They allegedly engaged in asbestos removal without the required license from the New Jersey Department of Labor, and their illegal activities allegedly caused the release of asbestos dust and debris. Kouvaras, the owner of South Street, and Rizzo, the project organizer, allegedly directed unlicensed workers to remove asbestos or asbestos-containing material, bury approximately 50 bags of asbestos in the ground, and dump bags of asbestos on the floor of a boiler room so that it would appear that vandals had removed the asbestos while stealing copper and steel.
“These men knew there was asbestos throughout this old hospital and knew the real dangers involved in removing it, but we allege that they put their monetary self-interest ahead of the health and safety of their workers and the surrounding community,” said Attorney General Chiesa. “They are charged with serious crimes, including second-degree offenses that carry a sentence of five to 10 years in state prison.”
“Through our Environmental Crimes Unit, we have made prosecuting polluters a high priority,” said Stephen J. Taylor, Director of the Division of Criminal Justice. “The laws and regulations governing the handling and disposal of hazardous materials such as asbestos are there to protect all of us, and we will come down hard on violators who put workers and the public at risk.”
In early 2010, Rizzo solicited the owner of the Zurbrugg site for the contract to demolish the hospital. South Street was given the contract, which specified that the company would retain all of the proceeds from the recycling of metal and arrange for and pay all demolition costs, including asbestos abatement and disposal. An engineering report on the hospital buildings, which was provided to the defendants, identified extensive asbestos throughout the structures.
The defendants initially retained a licensed asbestos abatement contractor, which provided the required 10-day notice of its intent to perform asbestos abatement at the site to the Department of Labor, Department of Health & Senior Services and U.S. Environmental Protection Agency. However, the defendants paid only a few thousand dollars of the 10 percent deposit required by the contractor to start the work. The contractor estimated abatement would cost about $220,000. The licensed contractor worked only one day at the site, removing a small amount of asbestos.
The defendants allegedly used day laborers, including inmates from Clinton House, a work release halfway house in Trenton, to remove asbestos from sections of the hospital, without following the requirements of federal and state laws to prevent the release of toxic asbestos dust and debris. For example, the workers stripped insulation containing asbestos from pipes and a boiler, so that copper pipes, wire and other metals could be salvaged. It is alleged that the workers did not wear protective equipment, with the exception of paper masks, which are not authorized as safe for asbestos removal. The workers quickly took off the paper masks because the masks made it difficult to breathe.
The workers placed materials containing asbestos into black plastic bags, and some of the bags were placed in a roll-off container provided by a waste transportation company. Disposal manifests show 25 bags and 100 bags respectively were removed by a licensed hauler and disposed of at a lawful facility.
Division of Criminal Justice detectives executed a search warrant at the site on Filmore Street on March 28, 2011, and discovered material containing asbestos strewn on the floor of the boiler room. They found a roll-off container holding over 200 plastic bags of materials, 30 of which were tested and found to contain asbestos. They also uncovered two bags containing asbestos tiles buried in the ground during limited excavation at the site.
The U.S. Environmental Protection Agency Region 2 has taken jurisdiction of the site, which is being evaluated for asbestos removal action.
The state investigation began in early 2011 when the Department of Corrections (DOC) Special Investigations Division received a tip that inmates were being used to remove asbestos at the site. DOC alerted the Division of Criminal Justice, which joined the investigation. The Department of Environmental Protection, Department of Health & Senior Services and Department of Labor & Workforce Development assisted with the investigation, including helping with the execution of search warrants at the Zurbrugg site and South Street offices beginning on March 28, 2011.
Supervising Deputy Attorney General Betty Rodriguez and Deputy Attorney General Mary Erin McAnally presented the case to the state grand jury. The investigation was conducted for the Environmental Crimes Unit, within the Division of Criminal Justice Specialized Crimes Bureau, by Sgt. Steven Ogulin, Detective Dawn Ryan, Detective Michael Klumpp, SDAG Rodriguez and DAG McAnally. The investigation was led for the Department of Corrections Special Investigations Division by Principal Investigator Daniel Klotz.
Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000. The third-degree offense of violating the Asbestos Control and Licensing Act carries a sentence of three to five years in prison and a fine of up to $25,000. The indictment is merely an accusation and the defendants are presumed innocent until proven guilty.
The indictment was handed up to Superior Court Judge Thomas W. Sumners Jr. in Mercer County, who assigned it to Burlington County. The indictment is posted with this release at www.njpublicsafety.com.
....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
Tuesday, October 2, 2012
OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards
SMG @ Nassau Coliseum faces $88,000 in proposed fines
The U.S. Department of Labor's Occupational Safety and Health Administration has cited SMG @ Nassau Coliseum LLC, doing business as SMG, with 16 alleged serious violations of workplace health and safety standards. The company, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, faces a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum.
OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.
Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.
"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.
In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.
SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.
Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.
"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.
In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.
SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
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NJ Supreme Court Enhances Workplace Safety and Adopts an Updated Standard for Medical Causation
A divided NJ Supreme Court upheld a verdict for an employee who suffered mesothelioma, a fatal cancer, as a result of a product manufacturer’s failure to warn of the lethal nature of the product in the workplace. The Court acknowledged that even minor exposure to asbestos could cause disease.
Thursday, October 4, 2007
Asbestos Ban Passes US Senate
The United State Senate passed the legislation to ban asbestos in the U.S. The following press release was distributed bythe bill's sponsor, Senator Pat Murray.
October 4, 2007 (WASHINGTON, D.C.) – Today United States Senate unanimously passed Senator Patty Murray's bill to ban asbestos, bringing the legislation closer to enactment than at any point since Murray launched her effort to protect families and workers six years ago. Murray worked closely with Senator Johnny Isakson (R-GA) and Environment and Public Works Chairman Senator Barbara Boxer (D-CA) to reach this historic milestone.
"This is a historic day in the fight to protect Americans. Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law," Murray said. "I’m very pleased that Senators from both sides of the aisle came together to unanimously support my bill. I especially want to thank Senator Johnny Isakson for his bipartisan leadership in moving this bill forward. I also want to commend Senator Barbara Boxer who championed this bill from the start and led its quick passage through her Environment and Public Works Committee."
“It was a pleasure to work with Senator Murray on crafting this legislation. This bill is the culmination of months of bipartisan work to find common ground on this important issue, and I extremely pleased the Senate acted so quickly to approve it,” Isakson said. “For the few areas where asbestos is still used in the United States, this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”
U.S. Senator Barbara Boxer (D-Calif.), Chairman of the Senate Committee on Environment and Public Works, said: “Because of this bill, America is poised to join the more than 40 nations that have banned asbestos because it is deadly. This bill is long overdue.”
“I have been pleased to work closely with Senators Murray and Isakson to move this important bill through the Environment and Public Works Committee, and now through the Senate. This bill will take asbestos off the shelves, and will also ensure we continue to study and treat the health effects asbestos has already caused.”
Murray's bill would ban asbestos, invest in research and treatment, and launch a public education campaign. Murray started working to ban asbestos six years ago. This March, she re-introduced her legislation as S. 742, the Ban Asbestos in America Act of 2007.
On March 1st, Senator Murray held a hearing in her Employment and Workplace Safety Subcommittee on the bill.
On June 12th, the bill got a hearing before the Environment and Public Works Committee, at which Senator Murray testified.
On June 6, Murray discussed the bill's progress at the Fred Hutchinson Cancer Research Center in Seattle, where she was joined by doctors, a patient, environmental experts, and advocates.
On July 31st, the bill passed the Senate Environment and Public Works Committee 19-0.
....................................................................................
Ban Asbestos in America Act of 2007
http://murray.senate.gov/asbestos
Bill Summary
1. BANS ASBESTOS
Prohibits the importation, manufacture, processing and distribution of products containing asbestos. The ban covers the 6 regulated forms of asbestos and 3 durable fibers. The EPA will issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
2. Dramatically Expands Research and Treatment
Creates a $50 million "Asbestos-Related Disease Research and Treatment Network"The network will be composed of 10 new research and treatment centers around the country. Locations will be selected by the director of NIH. The network will focus on finding better treatment, early detection and prevention strategies. Funded at $50 million ($1 million per center per year for 5 years). [Section 417F]
Creates a New National Asbestos-Related Disease RegistryExpands on the existing mesothelioma disease registry to include patients with other asbestos-related diseases. This national clearinghouse for data will help scientists conduct more comprehensive research. [Section 417E(c)]
Directs the Department of Defense to Conduct Additional ResearchAbout one-third of mesothelioma victims were exposed to asbestos while serving in the U.S. Navy. The bill directs the Pentagon to conduct additional research on asbestos disease, early detection and treatment. [Section 417G]
Identifies the Most Promising Areas for New ResearchDirects the National Institute for Occupational Safety and Health (NIOSH) to study the current state of knowledge on asbestos disease mechanisms, health effects, and measurement methods. NIOSH will recommend the areas where new research is most needed. [Section 222]
3. Launches a Public Education Campaign TO PROTECT AMERICANS
The EPA Administrator shall conduct a public education campaign to increase awareness of the dangers posed by asbestos-containing products and contaminant-asbestos products, including in homes and workplaces. Patients and front-line health care providers will receive current and comprehensive information about disease awareness and treatment options. The EPA will work with the Consumer Product Safety Commission, the Secretary of Labor, and the Centers for Disease Control and Prevention on this public education campaign. [Section 224]
October 4, 2007 (WASHINGTON, D.C.) – Today United States Senate unanimously passed Senator Patty Murray's bill to ban asbestos, bringing the legislation closer to enactment than at any point since Murray launched her effort to protect families and workers six years ago. Murray worked closely with Senator Johnny Isakson (R-GA) and Environment and Public Works Chairman Senator Barbara Boxer (D-CA) to reach this historic milestone.
"This is a historic day in the fight to protect Americans. Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law," Murray said. "I’m very pleased that Senators from both sides of the aisle came together to unanimously support my bill. I especially want to thank Senator Johnny Isakson for his bipartisan leadership in moving this bill forward. I also want to commend Senator Barbara Boxer who championed this bill from the start and led its quick passage through her Environment and Public Works Committee."
“It was a pleasure to work with Senator Murray on crafting this legislation. This bill is the culmination of months of bipartisan work to find common ground on this important issue, and I extremely pleased the Senate acted so quickly to approve it,” Isakson said. “For the few areas where asbestos is still used in the United States, this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”
U.S. Senator Barbara Boxer (D-Calif.), Chairman of the Senate Committee on Environment and Public Works, said: “Because of this bill, America is poised to join the more than 40 nations that have banned asbestos because it is deadly. This bill is long overdue.”
“I have been pleased to work closely with Senators Murray and Isakson to move this important bill through the Environment and Public Works Committee, and now through the Senate. This bill will take asbestos off the shelves, and will also ensure we continue to study and treat the health effects asbestos has already caused.”
Murray's bill would ban asbestos, invest in research and treatment, and launch a public education campaign. Murray started working to ban asbestos six years ago. This March, she re-introduced her legislation as S. 742, the Ban Asbestos in America Act of 2007.
On March 1st, Senator Murray held a hearing in her Employment and Workplace Safety Subcommittee on the bill.
On June 12th, the bill got a hearing before the Environment and Public Works Committee, at which Senator Murray testified.
On June 6, Murray discussed the bill's progress at the Fred Hutchinson Cancer Research Center in Seattle, where she was joined by doctors, a patient, environmental experts, and advocates.
On July 31st, the bill passed the Senate Environment and Public Works Committee 19-0.
....................................................................................
Ban Asbestos in America Act of 2007
http://murray.senate.gov/asbestos
Bill Summary
1. BANS ASBESTOS
Prohibits the importation, manufacture, processing and distribution of products containing asbestos. The ban covers the 6 regulated forms of asbestos and 3 durable fibers. The EPA will issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
2. Dramatically Expands Research and Treatment
Creates a $50 million "Asbestos-Related Disease Research and Treatment Network"The network will be composed of 10 new research and treatment centers around the country. Locations will be selected by the director of NIH. The network will focus on finding better treatment, early detection and prevention strategies. Funded at $50 million ($1 million per center per year for 5 years). [Section 417F]
Creates a New National Asbestos-Related Disease RegistryExpands on the existing mesothelioma disease registry to include patients with other asbestos-related diseases. This national clearinghouse for data will help scientists conduct more comprehensive research. [Section 417E(c)]
Directs the Department of Defense to Conduct Additional ResearchAbout one-third of mesothelioma victims were exposed to asbestos while serving in the U.S. Navy. The bill directs the Pentagon to conduct additional research on asbestos disease, early detection and treatment. [Section 417G]
Identifies the Most Promising Areas for New ResearchDirects the National Institute for Occupational Safety and Health (NIOSH) to study the current state of knowledge on asbestos disease mechanisms, health effects, and measurement methods. NIOSH will recommend the areas where new research is most needed. [Section 222]
3. Launches a Public Education Campaign TO PROTECT AMERICANS
The EPA Administrator shall conduct a public education campaign to increase awareness of the dangers posed by asbestos-containing products and contaminant-asbestos products, including in homes and workplaces. Patients and front-line health care providers will receive current and comprehensive information about disease awareness and treatment options. The EPA will work with the Consumer Product Safety Commission, the Secretary of Labor, and the Centers for Disease Control and Prevention on this public education campaign. [Section 224]
Saturday, September 15, 2012
Canada Concedes Asbestos is Dangerous-Now It Needs to Ban Asbestos Entirely
Asbestos is a known carcinogen and causally related to mesothelioma and lung cancer. For decades asbestos was mined and exported from the Province of Quebec.
Click here to read Ottawa does U-turn on asbestos mining (Globe & Mail)
Read More About "Ban Asbestos"
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
20 hours ago
Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election! Sep 04, 2012. The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. ... The US has yet to ban asbestos .
Aug 06, 2012
The US Geological Survey has reported that US consumption of asbestos fiber increased 13% in 2011. Asbestos is a known carcinogen and the cause of mesothelioma, a rare and fatal cancer. The US has yet to ban asbestos ...
21 hours ago
A recent report associates asbestos exposure at work to a higher risk of dying from cardiovascular disease. Cardiovascular disease . ... Asbestos Ban In Canada Gets Boast - Parti Quebecoi... Clint Eastwood at the 2012 ...
Wednesday, December 5, 2012
Chamber of Commerce Attempts to Injure Asbestos Victims Further
 |
| Deadly Asbestos |
Asbestos has been a known carcinogen for decades. Not yet banned in the US, exposure to asbestos is has been causally linked to: asbestos, lung caner and mesothelioma.
The indiscriminate manufacture and use of asbestos fiber in the US, and worldwide, has resulted in an epidemic of workers' compensation claims throughout the US, and the longest running tort claims in the nations' history. Millions of innocent asbestos victims, and their families, have suffered unfortunate illness and needless illness and death.
The US Chamber of commerce is actively supporting in the US Congress, and in state legislatures, laws to require disclose of private settlements made in asbestos bankruptcy claims. While the Federal law is pending in Congress, the state legislation is actively being advanced.
See H.R.4369 Furthering Asbestos Claim Transparency (FACT) Act of 2012
Click on this link to registered your OPPOSITION to the legislation.
Read more about "asbestos"
Nov 29, 2012
Fitch Ratings estimates industry asbestos reserves to be deficient by $2 billion to $8 billion at year-end 2011. Asbestos reserves make up approximately 4% of total property/casualty industry reserves with approximately 50% ...
Nov 14, 2012
In an effort to protect workers and public from deadly asbetsos fiber, the Canadian Province of Saskatchewan has now mandated that builings containing asbestos fiber be publically listed and the list published to the Internet.
Nov 08, 2012
Today in Boston a steam pipe burst near Boston City Hall exposing the population to cancer causing asbestos fiber. Asbestos continues to be a major health hazard since it remains in construction material exposuing workers ...
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
Sunday, January 5, 2014
Yale Urged to Revoke Honorary Degree to Convicted Asbestos Magnate
Today's post is shared from Barry Castleman author of Asbestos: Medical and Legal Aspects, Fifth Edition.
WNPR radio in New Haven CT has just run a second piece on this theme, longer than the one on Dec. 23. Yale declined to send anyone to be interviewed about its refusal to reconsider awarding the honorary degree to the asbestos billionaire. The story runs for the first 16 minutes of the program and ends with me being asked if the asbestos magnate's philanthropy erased or greenwashed his asbestos past. I had testified on the public health and corporate history of asbestos in the criminal trial in Italy.
http://wnpr.org/post/asbestos-scandal-reaches-yale-mind-psychopath
Those who want to write to the President of Yale can contact Peter Salovey: peter.salovey@yale.edu
WNPR radio in New Haven CT has just run a second piece on this theme, longer than the one on Dec. 23. Yale declined to send anyone to be interviewed about its refusal to reconsider awarding the honorary degree to the asbestos billionaire. The story runs for the first 16 minutes of the program and ends with me being asked if the asbestos magnate's philanthropy erased or greenwashed his asbestos past. I had testified on the public health and corporate history of asbestos in the criminal trial in Italy.
http://wnpr.org/post/asbestos-scandal-reaches-yale-mind-psychopath
Those who want to write to the President of Yale can contact Peter Salovey: peter.salovey@yale.edu
ASBESTOS VICTIMS ASK YALE TO REVOKE AN HONORARY DEGREE (National Public Radio, Dec. 23, 2013)
http://wnpr.org/post/asbestos-victims-ask-yale-revoke-honorary-degree
An Italian organization representing victims of asbestos exposure has asked Yale University to rescind an honorary degree awarded to the owner of the company they once worked for.
In the mid-1970s, Swiss billionaire Stefan Schmidheiny took over his family's business. The Eternit company had plants around the world that produced asbestos-cement products. The largest was in Casale Monferrato, Italy.
Connecticut lawyer Christopher Meisenkothen represents shipyard workers and boiler makers who worked with asbestos here in the US and later developed diseases like asbestosis, lung cancer, and mesothelioma. He is handling the Italian request to Yale, pro bono.
Meisenkothen described notes from an Eternit company meeting in the 1970s. "Clearly", he said, "they were acknowledging in 1976 that the workers were at risk. The plant continued to use asbestos for many years after that. They could have given the workers respiratory protection [or] installed exhaust fans. And the worker testimony from workers at the time consistently indicates that there were no serious precautions taken at the plant."
Two years later, Schmidheiny began to dismantle the company's asbestos-processing concern. He went on to use his wealth to support eco-friendly sustainable development in other parts of the world.
In 2012, Schmidheiny was tried in absentia in Italy. He was found guilty of causing the deaths of thousands of people in Casale Monferrato, and has been sentenced to 18 yeaars in prison. Victims and their families said Yale should reconsider whether he still deserves an honorary degree.
Thomas Pogge, a professor in the philosophy department at Yale University, said the accusations deserve careful inquiry. "This is very important new information," he said, "that I think , at the very least, should be looked at very carefully by the authorities at Yale. Yale has a very distinguished record, actually, in asbestos research. And we have the requisite expertise to convene an excellent faculty committee that could look into this case in more depth."
Yale authorities declined WNPR's request for comment, but in a statement, said the 1996 honorary degree was based on Schmidheiny's advocacy for sustainable economic development. Yale has never revoked an honorary degree.
-----------------------------------------------------------
Added Note (BC): In letters exchanged with attorney Christopher Meisenkothen in the past few months, Yale first denied and was later obliged to admit receiving money from Schmidheiny's Avina Foundation before and after the award of the degree in the mid-1990s. Yale alumni and others who wish to see these letters and/or express their views are welcome to contact me or Chris (cc'd here). You may also want to write to the President of Yale, Peter Salovey: peter.salovey@yale.edu
Friday, June 7, 2013
Frank Lautenberg: The Senator From Paterson
Senator Frank Lautenberg passed away this week and his legacy of helping the workers will live on for generations. "The boy Paterson," as he used to say, knew first hand of the problems confronted by those who worked in his hometown's asbestos factories.
At one of my early meetings with the late Irving J. Selikoff, MD, the world renown asbestos expert of the health dangers of asbestos fiber, the doctor highlighted the necessity for a strong link between medicine and politics. Both Dr. Selikoff and Senator Lautenberg, grew up and worked in Paterson, NJ.
Paterson, was the home of several asbestos manufacturing factories since it was on a railroad link and was equal distant to major US East coast seaports. Asbestos was a strategic commodity for the US military during World War II. Asbestos had allegedly "miracle properties" that acted as an insulating agent on Navy ships, boiler rooms and other heat producing equipment. The serious and adverse effects of asbestos fiber to humans was not readily made known to workers and the public at large.
Consequently, an epidemic of asbestos related disease, including: asbestosis, lung cancer and mesothelioma followed decades after exposure and inflicted disease and death in epidemic proportions. The "original 17" workers' compensation asbestos cases in New Jersey for exposures at The Union Asbestos and Rubber Company plant in Paterson NJ were heard at the Paterson (Passaic County) office of the NJ Division of Workers' Compensation. My father, Carl Gelman, represented the workers and the their dependents, and their medical expert was Dr. Irving J. Selikoff, MD. All were Patersonians.
Dr. Selikoff went onto head the Environmental Sciences Laboratory at the Mount Sinai Medical Center, NY, and continued to follow the cohort of workers through The Paterson Asbestos Control project. That lead to a research project that was published and presented at the New York Academy of Sciences in 1964. International concern was raised over the deadly hazard of asbestos fiber.
Medical research alone could not protect workers in a meaningful way, and Dr. Selikoff knew that, and impressed upon me that the US Senate and Congress would be catalysts for political change that help protect workers from asbestos and other hazardous progress. Likewise, Senator Lautenberg knew that also, and had strong and professional relationship with Dr. Selikoff.
Senator Lautenberg advanced the concept of an important medical-political relationship from asbestos to other environmental hazards and chemicals, including tobacco. The "boy from Paterson," sparked by a strong foundation of concern for asbestos workers and public health, brought to Washington a vision for a safer and healthier nation that made a difference to all.
Statement of Hon. Frank R. Lautenberg, U.S. Senator from the
State of New Jersey
"Madam Chairman, thank you for holding today's hearing on the health
effects of asbestos. Let me welcome Senator Murray to the committee and
thank her for working to keep Americans safe from asbestos.
Every year, more than two-thousand Americans die premature and
painful deaths from exposure to asbestos. Their deaths leave children
without parents, and families struggling to make ends meet.
New Jersey has America's sixth-highest number of deaths from
asbestos. From asbestos used in ship insulation at shipyards to
asbestos used to insulate pipes at refineries and factories, at least
two-thousand seven-hundred and seventy-five New Jerseyans died because
of asbestos exposure from 1979 to 2001. Just last week, a school in
Asbury Park was closed because part of the ceiling fell and asbestos
was found. This toxin's presence in offices, schools and homes could
pose health risks for years to come--ranging from breathing problems to
lung damage and cancer.
One of the leading researchers on the link between asbestos and
lung disease was Dr. Irving Selikoff, who lived in New Jersey. Dr.
Selikoff did his research on workers across my state, including those
in my home town of Paterson. In 1979, Dr. Selikoff showed that one in
five asbestos workers developed a fatal lung disease. Senator Murray's
bill is a strategy for real action to reduce asbestos in the places we
live and work.
The bill will ban the use of asbestos to the maximum extent
possible and benefit companies who are producing safer alternatives. It
also calls for more research on the health affects of asbestos, as well
as the best treatment options for asbestos-related illnesses and better
coordination among federal agencies. Congress owes our children and
grandchildren action now to protect them from asbestos in the future.
I look forward to hearing the testimony of today's witnesses.
Thank you Madam Chairman.
EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS: MITIGATING SUCH IMPACTS, Tuesday, June 12, 2007, The US Senate Committee on Environment and Public Works.
He saw mesothelioma and asbestosis.
In my office in New Jersey, I had a man and his wife and his mature son, who was about 30 years old, come in to see me because they all had mesothelioma, but only the father worked in the manufacturing facility, the mill. His wife and child, his son, were made ill as a result of the mother washing her husband's clothes. That is how lethal, how dangerous asbestos is.
This bill is an abstract exercise. There are real people involved, people who are going to die as a result of the exposure. I have seen it up front and personal. A friend of mine who was a lawyer, after practicing 20 years, got a call from a member of a union one day that had asbestos workers, and he was told to get a chest x ray. He did. After 20 years of no illness, nothing, suddenly they found that he had a spot on his lung, and it turned into mesothelioma and he was dead soon thereafter.
I recently had a World War II vet--I am one as well--come into my office, sick from mesothelioma, from work he did 40 years ago. We have seen so many cases where the gestation period is so long, so that to suddenly close this out and say that is going to be enough money, $140 billion--it sounds like a lot, but it is not a lot when it comes to individuals who need help and who need to be able to continue to conduct their lives and do whatever they can to make life comfortable.
The Congressional Budget Office has stated that the fund will need $10 billion more. Other analysts put the figure as high as $300 billion. So it is fairly obvious that I am going to oppose this bill and support the point of order. I urge my colleagues to do the same because what we are doing is dismissing the suffering of people who have been exposed to this, even though the companies knew how dangerous the material was they were working with. They permitted people to work with it and did not do anything about it, except ultimately, in many cases, they went bankrupt as a result of their behavior.
FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT OF 2005--Resumed -- (Senate - February 14, 2006)
 |
| Official Photograph of U.S. Senator Frank Lautenberg 1924-2013 (Photo credit: Wikipedia) |
Paterson, was the home of several asbestos manufacturing factories since it was on a railroad link and was equal distant to major US East coast seaports. Asbestos was a strategic commodity for the US military during World War II. Asbestos had allegedly "miracle properties" that acted as an insulating agent on Navy ships, boiler rooms and other heat producing equipment. The serious and adverse effects of asbestos fiber to humans was not readily made known to workers and the public at large.
Consequently, an epidemic of asbestos related disease, including: asbestosis, lung cancer and mesothelioma followed decades after exposure and inflicted disease and death in epidemic proportions. The "original 17" workers' compensation asbestos cases in New Jersey for exposures at The Union Asbestos and Rubber Company plant in Paterson NJ were heard at the Paterson (Passaic County) office of the NJ Division of Workers' Compensation. My father, Carl Gelman, represented the workers and the their dependents, and their medical expert was Dr. Irving J. Selikoff, MD. All were Patersonians.
Dr. Selikoff went onto head the Environmental Sciences Laboratory at the Mount Sinai Medical Center, NY, and continued to follow the cohort of workers through The Paterson Asbestos Control project. That lead to a research project that was published and presented at the New York Academy of Sciences in 1964. International concern was raised over the deadly hazard of asbestos fiber.
Medical research alone could not protect workers in a meaningful way, and Dr. Selikoff knew that, and impressed upon me that the US Senate and Congress would be catalysts for political change that help protect workers from asbestos and other hazardous progress. Likewise, Senator Lautenberg knew that also, and had strong and professional relationship with Dr. Selikoff.
Senator Lautenberg advanced the concept of an important medical-political relationship from asbestos to other environmental hazards and chemicals, including tobacco. The "boy from Paterson," sparked by a strong foundation of concern for asbestos workers and public health, brought to Washington a vision for a safer and healthier nation that made a difference to all.
Statement of Hon. Frank R. Lautenberg, U.S. Senator from the
State of New Jersey
"Madam Chairman, thank you for holding today's hearing on the health
effects of asbestos. Let me welcome Senator Murray to the committee and
thank her for working to keep Americans safe from asbestos.
Every year, more than two-thousand Americans die premature and
painful deaths from exposure to asbestos. Their deaths leave children
without parents, and families struggling to make ends meet.
New Jersey has America's sixth-highest number of deaths from
asbestos. From asbestos used in ship insulation at shipyards to
asbestos used to insulate pipes at refineries and factories, at least
two-thousand seven-hundred and seventy-five New Jerseyans died because
of asbestos exposure from 1979 to 2001. Just last week, a school in
Asbury Park was closed because part of the ceiling fell and asbestos
was found. This toxin's presence in offices, schools and homes could
pose health risks for years to come--ranging from breathing problems to
lung damage and cancer.
One of the leading researchers on the link between asbestos and
lung disease was Dr. Irving Selikoff, who lived in New Jersey. Dr.
Selikoff did his research on workers across my state, including those
in my home town of Paterson. In 1979, Dr. Selikoff showed that one in
five asbestos workers developed a fatal lung disease. Senator Murray's
bill is a strategy for real action to reduce asbestos in the places we
live and work.
The bill will ban the use of asbestos to the maximum extent
possible and benefit companies who are producing safer alternatives. It
also calls for more research on the health affects of asbestos, as well
as the best treatment options for asbestos-related illnesses and better
coordination among federal agencies. Congress owes our children and
grandchildren action now to protect them from asbestos in the future.
I look forward to hearing the testimony of today's witnesses.
Thank you Madam Chairman.
EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS: MITIGATING SUCH IMPACTS, Tuesday, June 12, 2007, The US Senate Committee on Environment and Public Works.
"Mr. LAUTENBERG. Mr. President, since time is limited, I am going to get down to the nuts and bolts. I come from a State in which asbestos was prominent in manufacturing in many places. As a matter of fact, early in the 1950s, a doctor named Irving Selikoff, who was a researcher as well as a physician, discovered the lethality of asbestos. He is the one who raised the alarm about the dangers of that product..........
He saw mesothelioma and asbestosis.
In my office in New Jersey, I had a man and his wife and his mature son, who was about 30 years old, come in to see me because they all had mesothelioma, but only the father worked in the manufacturing facility, the mill. His wife and child, his son, were made ill as a result of the mother washing her husband's clothes. That is how lethal, how dangerous asbestos is.
This bill is an abstract exercise. There are real people involved, people who are going to die as a result of the exposure. I have seen it up front and personal. A friend of mine who was a lawyer, after practicing 20 years, got a call from a member of a union one day that had asbestos workers, and he was told to get a chest x ray. He did. After 20 years of no illness, nothing, suddenly they found that he had a spot on his lung, and it turned into mesothelioma and he was dead soon thereafter.
I recently had a World War II vet--I am one as well--come into my office, sick from mesothelioma, from work he did 40 years ago. We have seen so many cases where the gestation period is so long, so that to suddenly close this out and say that is going to be enough money, $140 billion--it sounds like a lot, but it is not a lot when it comes to individuals who need help and who need to be able to continue to conduct their lives and do whatever they can to make life comfortable.
The Congressional Budget Office has stated that the fund will need $10 billion more. Other analysts put the figure as high as $300 billion. So it is fairly obvious that I am going to oppose this bill and support the point of order. I urge my colleagues to do the same because what we are doing is dismissing the suffering of people who have been exposed to this, even though the companies knew how dangerous the material was they were working with. They permitted people to work with it and did not do anything about it, except ultimately, in many cases, they went bankrupt as a result of their behavior.
FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT OF 2005--Resumed -- (Senate - February 14, 2006)
................
"Mr. LAUTENBERG. Mr. President, I rise today in memory of a dear friend of mine, Prof. Irving J. Selikoff. Irving's uncompromised dedication to medical research and education in disease caused by hazardous materials paved the way for new standards of occupational safety. He was an extremely committed individual and I have learned a great deal about life, ethics, and public policy from him.
Dr. Selikoff's commitment to making the world a better place to live has been an inspiration to me and has further spurred my efforts to improve the public health. Mr. President, Dr. Irving Selikoff passed away on May 20, 1992, but he left us a legacy of medical knowledge that will continue to change the way people across the Nation live for many years to come. He will be missed.
Mr. President, on August 3, 1992, the industrial union department of the AFL-CIO adopted a resolution in memory of Dr. Selikoff. I want to share these words with my collegues and I ask unanimous consent that it be included in the Record.
Senator Lautenberg's Resolution in Memory of Dr. Irving J. Selikoff, January 15, 1915-May 20, 1992
Dr. Selikoff was a legend among workers. No other physician had as close a relationship with so many working people. He saw himself as a public servant, proud of working for a city medical school and being paid by the people.
He was first recognized as a scientist while serving in a public tuberculosis hospital, where he conducted the clinical trials for Isoniazid. This drug brought the `white plague', then the most serious disease in the workplace, under control. He started a clinic in Paterson, New Jersey, a community of textile workers. There, in response to disease among his own patients, all union members, he linked lung scarring and cancer to working with asbestos.
When he understood the importance of this finding, he left his clinic and established at Mt. Sinai School of Medicine a program designed to end the asbestos scourge with tools of science and medicine placed in the hands of unions. Soon his work on asbestos and many other workplace pollutants impacted every affiliate of the Industrial Union Department.
Dr. Selikoff studied and counseled workers and their families in Baltimore, Charleston, Lansing, Duluth, Midland, Norfolk, Nitro, Port Allegheny, New York's Chinatown, the Rocky Mountains and the mountains of Vermont, Canada's Mohawk reservation and hundreds of other places. He became known as a great scientist, but he never stopped being a doctor who worked tirelessly every day of the week, examining chartered plane loads of workers on Sunday and bringing clinics to wherever workers gathered, whether in the union hall at night or the convention on Saturday.
He knew that doctors need to understand the workplace and the labor movement. He required all his students to work in or with the Industrial Union Department. He gave us a network of physicians and scientists who continue to help us, whether in the clinic or before the Congress.
He knew that labor and science function internationally. He gave us a community of university allies in thirty countries under the aegis of Collegium Ramazzini and its Institute for Occupational and Environmental Health Research.
He knew that we seldom could achieve zero exposure to most toxic substances in the workplace. He helped us create the Workplace Health Fund to assist workers at risk, become partners in cancer treatment research and develop special programs of education.
Dr. Selikoff gave us an agenda for the future, and a Center at Mt. Sinai, the Selikoff Fund of the Workplace Health Fund, and the Ramazzini Institute for Occupational and Environmental Health Research to carry out the agenda. It is up to those of us who benefitted from his life work to continue to support the institutions he created.
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