Buying a piece of commercial or industrial property can be an exciting proposition for those starting or growing a business. It’s a time for new ventures and – hopefully – growing profits. But often, there are many risks that come with such a transaction, especially if you’re purchasing a property where the last owners/tenants may have left behind more than an empty building sitting on a piece of land.

EPA’s Phase I Environmental Site Assessment

This is where the EPA’s Phase I Environmental Site Assessment comes into play. Set forth with guidelines from the American Society for Testing and Materials, the Phase I E 1527-05 assessment covers what most real estate professionals would describe as “the basics” and is essentially a visual assessment. Specifically, these assessments usually include:

• An onsite visual inspection that considers issues such as the state of vegetation and the proximity of the property to refineries, chemical plants, power plants, and other such industry.

• A risk assessment that takes into account neighboring properties and their effect on the property in question.

• The history of the property

• Aerial photographs of the property

• Drainage maps

• Additional visual inspections to locate things like lead-based paint or asbestos

Unfortunately, there are a lot of misconceptions about the Phase I Environmental Site Assessment and just how thorough – or un-thorough – it is. For example, such an assessment, as previously stated, offers a visual inspection but DOES NOT demand that any air or water samples be taken or that any sort of samples be taken from buildings that currently stand on the property. That means asbestos and other dangerous toxins can easily be overlooked.

Presence Of Asbestos Is Often Excluded From Testing

Environmental scientists point out that most property buyers believe testing for asbestos is always included in these assessments. In reality, the American Society for Testing and Materials guidelines exclude a number of issues that might cause concern including radon, indoor air quality, lead in drinking water, biological agents, and mold, as well as asbestos-containing building materials and lead-based paint.

In fact, companies that perform these Phase I Environmental Assessments are not even required to make recommendations after the testing. They are only required to issue a report to the prospective buyer and his agent.

Caveat Emptor – Demand Asbestos Detection

However, a buyer can protect himself by requesting that the certified environmental professional he or his agent hires adds asbestos and air quality testing to the list of tasks performed during the assessment. This is of special concern if the property being considered was built during a time when asbestos use was rampant. Any asbestos left behind on the property should raise a red flag.

This testing will no doubt require additional charges but is essential not only for peace of mind but for the health and safety of those who will be working at the site in question. Also, agents and buyers should be sure that they hire certified and licensed environmental professionals. Often, these individuals have degrees in engineering and/or geology and are well-versed in the field of environmental risks.

Most Americans don’t think twice about their daily routines and what they might be exposed to during their everyday tasks. Little thought is given to stepping outside to go to work or school or to entering that place of employment or education.

We rarely given a second thought to drinking that glass of tap water or walking through that hallway where workers are sanding, painting, or doing any sort of repairs.

Yet, all of those scenarios could expose us to environmental toxins. That’s not to say, of course, that we should stop living our lives to the fullest and become frightened of what’s around every corner, but we should be aware that if we have suffered some sort of injury due to toxins, we may have a right to file suit against those who caused our injuries. These are referred to as environmental toxic tort cases.

What is an Environmental Toxic Tort Lawsuit?

Quite simply, a “tort” is a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. In other words, this civil wrong can be redressed by awarding damages. Adding the word “environmental” means that the wrong is caused by perhaps toxins in the air or in our drinking water. Asbestos falls into the category of environmental toxins and, hence, an asbestos-related lawsuit is known as an environmental toxic tort case.

Statistics show that, throughout the 21st century, there has been a marked increase in the filing of environmental toxic tort cases, including those that are asbestos-related. In particular, a study by the Rand Institute for Civil Justice noted that in the early years of the new millennium, there were “sharp increases in the number of asbestos claims filed annually, the number and types of firms named as defendants, and the costs of the litigation to these defendants.”

Why the Increase in Toxic Torts?

Asbestos injuries are unique. That’s because asbestos is unique. When an individual is exposed to any sort of asbestos material and that exposure causes the inhalation of sharp fibers, which can allow tumors to form, it can take literally decades for those tumors – and any sort of symptoms – to develop. Indeed, attorneys who specialize in asbestos suits often meet with plaintiffs who worked with asbestos products 30, 40, or even 50 years ago!

Therefore, because asbestos was used mostly from the 1940s through the late 1970s, those who were exposed during the latter part of that era are just now discovering that they have been affected by that exposure. Hence, the increase in cases. Furthermore, by the time the discovery is made, many asbestos victims are gravely ill, diagnosed with cancer that has reached Stage 3 or 4, and are seeking help for themselves or their families.

In most instances, the exposure occurred on-the-job, so victims who’ve developed asbestos-related diseases like mesothelioma and asbestosis may be able to forge legal action against their employer(s) or the companies that manufactured the asbestos-containing materials that caused their disease.

Filing an Environmental Toxic Tort Suit

The best way to ensure that you gather the most accurate information on toxic tort suits and that you file a successful suit is to consult with an attorney that is well-versed in environmental-related torts. Look for one that has long been involved in this type of litigation, ensuring that your suit will follow a time-tested track that can lead to receiving the compensation you are due.

 

Asbestos in homes – If you’ve been home shopping lately and are considering older homes that need an update, you’ve probably seen your share of popcorn ceilings. After all, in the late 1960s and through the 1970s, they were all the rage.

Everyone wanted one of these cool ceilings, which gave rooms a mod look and let your visitors know that you coveted all the latest trends in homebuilding. Indeed, even individuals who owned homes built prior to the introduction of the popcorn ceiling decided to install them, hoping to keep up with the times.

Most homeowners were unaware, however, that these ceilings – covered with “popcorn paint” – usually contained asbestos. The toxic material was used in most brands of textured ceiling paint.

That means homeowners didn’t think twice about doing things that might compromise their health, like drilling to install light fixtures or hang other objects from the ceiling. Any time that ceiling was manipulated in any way, asbestos dust may have been released.

Government On Asbestos In Homes

Today, of course, most homeowners who still have popcorn ceilings in their houses know of the concern about asbestos. Some have addressed these concerns. Others have not. Some homeowners with popcorn ceilings installed after the Clean Air Act of 1978 think they’re safe from harm but, in actuality, they may not be.

According to the International Association of Certified Home Inspectors, though the application of sprayed on asbestos-containing coatings was banned in 1977, popcorn ceilings installed as late as (approximately) 1986 may have still contained asbestos. They note that existing inventories of asbestos-bearing texturing materials were exempt from the ban.

The government did this to minimize economic hardship to suppliers and installers, so the paint was used until these companies ran out. Sadly, this practice of phasing out the materials may have caught some homeowners off-guard.

Handling your Popcorn Ceiling

Remember, asbestos that is intact and not damaged rarely causes a health hazard. So, if your popcorn ceilings look just fine and you subject them to inspection now and then to make sure they stay that way, all is most likely well. However, if you notice a fair amount of damage and wear-and-tear to your textured ceilings, it may be time to address them.

Most avid DIYers, of course, are determined to do as many jobs as possible on their own, hoping to save as much money as possible. However, when it comes to asbestos removal, the most prudent advice is HANDS OFF!

The best first step in addressing a less-than-pristine textured ceiling is to hire a certified asbestos inspection company to determine the condition and the best steps to take if there is indeed a concern. The inspector may suggest repair or removal.

Repair SHOULD NOT be attempted by yourself, even if the issues are minor. Many inspection companies can do the assessment AND the repair, so consider that option first or ask your inspector for a recommendation for an asbestos abatement professional.

If your ceilings require removal due to damage or if you wish to remove the ceilings for aesthetic reasons, you will definitely need the services of an asbestos abatement company. Before hiring one, be sure to check their credentials to be assured that they are properly certified. Get references, if possible.

Furthermore, make sure no one is in the home while removal is happening, including pets. Also, be sure the company cleans up well after the procedure and do not re-enter the house until you are satisfied that all dust has been removed.

If you’ve previously encountered asbestos materials while doing DIY work on textured ceilings and you’ve been sickened by that exposure, contact an attorney to verify your legal rights. Companies that made or installed textured paint may be liable for your injuries and you may be eligible for compensation.

 

U.S. Schools Get a D in Asbestos Exposure

If you were a kid growing up in the 50s, 60s, or even 70s, your school may have been one of thousands that was built during an era when we weren’t quite as concerned about the environment – and the effect of certain products on that environment – as we are now.

Schools built during that era, as well as in the early decades of the 20th century, were often constructed using asbestos-containing building materials, and now, as they begin to crumble, staff, faculty, and students may be paying for the disrepair with their health.

Each year, around the world as well as in the United States, reports surface about asbestos exposure in schools. It isn’t unusual to read about a school employee who, decades after encountering asbestos on a regular basis, is diagnosed with an asbestos-related disease.

It’s unlikely that any of these victims of school-related asbestos diseases ever suspected they might be exposed on-the job. And it’s not just a problem that’s disappeared with tighter asbestos-related legislation.

“The Environmental Protection Agency estimated in 1984 that 15 million students and 1.4 million teachers and school personnel were at risk of exposure to airborne asbestos, based on a sampling of 2,600 public and private schools,” reports a recent article in the Washington Post. “Two years later, Congress passed legislation requiring public and private schools to regularly inspect their buildings for asbestos, clean up any hazards and publicly report their actions. But no one knows how many schools now contain asbestos.” Washington Post

In addition, no one knows if schools around the country are complying with the asbestos rules that were set in place to protect students, teachers, and staff, says Sen. Edward Markey (D-Mass). He also thinks that some school districts might need assistance in paying for asbestos abatement, which is why they don’t comply.

Markey and Senator Barbara Boxer of California recently contacted all fifty state governors to inquire as to how many districts in their states were following these nearly-30-year-old asbestos laws. Responses, they say, indicated that the rules were not being uniformly followed.

In the meantime, schools often have to shutter buildings when asbestos problems arise, adding to the further cost of abatement or encapsulation. But it’s truly the only way districts can be sure that everyone inside those buildings is protected, experts say.

“Everyone has asbestos, but they don’t want to deal with it,” noted Gina Clayton-Tarvin, president of the Ocean View, California, school board, in that same Washington Post article. “To abate it is absolutely astronomically expensive.”

That means those who work in U.S. schools that were built during the height of asbestos use need to be extra careful when encountering materials that could contain asbestos, including:

• Damaged floor tiles

• Damaged ceiling tiles or acoustic ceilings

• Old wallboard, drywall, and plaster

• Chipping paint

• Stage curtains

• Soundproofing materials

• Damaged pipe or boiler insulation

Janitors, teachers, administrators, or anyone who sees damaged materials that potentially contain asbestos should report these problems to the district. It’s also not unreasonable to ask to see the school’s asbestos plan. In accordance with EPA rules, every school should have one in place.

If you believe you were exposed to asbestos in a school setting and have now become ill with a related disease, contact an attorney to learn more about your rights as a victim.

 

Men (and later, women) have been working on the railroad since the early years of the 19th century. Railways in the United States were used first for transporting goods and then for carrying people from place to place, opening the country to exploration and allowing it to grow in leaps and bounds to what it is today. And while the first choice of mode of transportation for travelers today isn’t necessarily a train, many industries, companies, and avid wanderers still use locomotives, and trains of all sorts continue to travel each day along the tens of thousands of miles of track that dot America’s landscape.

Life as a railroad worker has never been a proverbial walk-in-the-park, especially in the early days of rail transportation. But even into the 20th century, many dangers existed for those who built and laid track, inspected or repaired the rails, built trains, or helped run our nation’s rail systems in some other capacity.

Railroad Workers Potentially Subjected to Asbestos

Around the 1930s and 1940s, many of the companies that built locomotives began to use parts that contained asbestos. This added yet another layer of danger to what many railroad workers viewed as an already hazardous job. Employees who may have had asbestos exposure. Containing materials include:
• Track layers
• Maintenance equipment operators
• Conductors
• Yardmasters
• Engineers
• Operators

Even individuals who weren’t directly employed by a railroad but were subcontractors working on the rails may have been exposed to rail-related asbestos-containing items. This includes:

• Steamfitters
• Plumbers
• Electricians
• Iron workers
• Welders
• Machine operators
• Boilermakers
• And many others!

Any number of items used in railroad building or maintenance might have contained asbestos. Often, these items were manipulated or compromised in some way, resulting in the likely release of asbestos fibers into the air, where they could easily be inhaled, especially by those working in close quarters and areas with little ventilation. Some of the asbestos items encountered on the job may have included:

• Brake pads and linings
• Clutches
• Gaskets
• Sealing cement
• Wallboard
• Tiles

Studies often show that the bulk of the asbestos exposure occurred from the 1940s to the 1970s and much of it occurred before the change from steam to diesel locomotives. Research outlined in the American Journal of Industrial Medicine demonstrated that older workers once associated with the repair of steam locomotives had the highest probability of asbestos exposure. While many of those individuals have no doubt passed away by this time, many from asbestos-related diseases, current lawsuits involving companies like CSX, Ohio Railway, Northfolk & Western, and others prove that exposure to asbestos remained a problem in the years that followed.

Railroad employees, past and present, who are suffering from the effects of asbestos exposure should educate themselves as to their rights for compensation for negligent exposure to items containing this toxic mineral. Take a few minutes to chat with an experienced mesothelioma attorney to learn more about the options.

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Toxic Toys

A non-profit environmental group reported earlier this month that scientists have discovered the presence of asbestos in children’s toys manufactured in China and on the market in the United States. It was a report that alarmed many parents and one that has them searching through toy boxes and craft bins to avoid encounters with the toxic mineral.

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