Asbestos & Mesothelioma Law Blog

Risk of Asbestos Exposure for Plumbers and Pipefitters

Plumbers and pipefitters, particularly those who worked between the 1940s and 1980s, are at increased risk of exposure to asbestos due to the specific materials that they dealt with as a result of their occupation. This exposure puts these individuals at risk of developing mesothelioma and other serious asbestos-related diseases. While the use of asbestos was discontinued decades ago, new cases of asbestos-related disease continue to be diagnosed today.

Plumbers and Pipefitters

Pipefitters are responsible for the design, installation, and repair of pipe systems in large commercial buildings or manufacturing facilities. For smaller projects like residential homes, similar work is performed by what is known as a plumber, as opposed to a pipefitter. However, for both pipefitters and plumbers, these pipe systems transport water, steam, air, gas, and human waste. Pipefitters and plumbers require specialized knowledge due to the high pressure that the pipes are placed under.

For much of the twentieth century, asbestos was the preferred material to be used with pipe systems due to its high heat and fire resistance. Asbestos was commonly used as thermal insulation for pipes, boilers, ducts, and tanks. Pipefitters and plumbers may have also been exposed while using repair materials. These materials included joint compounds, cement, valves, gaskets, pipe coating, and welding rods.

Mesothelioma is a devastating disease that often develops as a result of exposure to asbestos fibers. In combating this disease, the financial costs are often significant. This can create, along with the battle with the disease itself, a great deal of emotional distress for victims and their families.

Development of Mesothelioma

Individuals exposed to microscopic asbestos fibers may be at risk of developing mesothelioma. The risk of exposure was highest during the period between the 1940s and 1980s. However, it is still very possible to encounter asbestos today. There are three major types of mesothelioma: pleural, peritoneal, and pericardial. Pleural mesothelioma, which affects the lung’s protective lining, is the most common form, accounting for about three-quarters of all mesothelioma cases.

Mesothelioma Treatment Costs

It has been estimated that the total cost of mesothelioma treatment can range between $150,000 to over $1 million. The cost varies for different individuals, depending on factors such as the age of the victim, the stage of the mesothelioma, and the overall health status of the victim. Costs for mesothelioma include, but are not limited to, the following:

W.R. Grace and Libby mine located in Libby, Montana contained a deposits of asbestos that continues to receive attention from the Environmental Protection Agency (EPA) today. While the cleanup effort in Libby has been extensive, the dangers of the mine are present throughout the nation. This is because the vermiculite containing asbestos mined from Libby was used extensively in insulation materials shipped to all parts of the country.

What is Asbestos?

Asbestos is a naturally-occurring mineral that, when exposed to extremely high temperatures, expands from 8 to 30 times its original size. The result is a lightweight, fire-resistant, and odorless product that was found very well suited for use in insulation placed in walls and attics. The source of the majority of asbestos sold in the United States from 1919 to 1990 was from the Libby mine. The asbestos that was used in insulation by W.R. Grace was sold under the brand name Zonolite. The Zonolite products included Zonolite Super 40, Zonolite Mono-Kote and Zonolite plaster.

In 1963, W.R. Grace took over operations of the mine. At that time, W.R. Grace was aware of the asbestos and that it caused health issues, but did not disclose this to workers or townspeople, and mining continued.

Carpenters Exposed to Asbestos

For much of the twentieth century, carpenters played an integral part in the development of the United States. These individuals helped construct many of the homes and buildings that still stand and are used today. Unfortunately, during much of this period, carpenters were exposed to dangerous microscopic asbestos fibers. This exposure can lead to the development of mesothelioma or other serious asbestos-related diseases.

Carpenters and Asbestos Exposure

Asbestos was used in all kinds of construction materials up until the 1980s. Unfortunately, carpentry work was extremely prevalent during the period from the 1940s into the 1980s. As part of the “Baby Boom” following World War II, carpenters were very busy constructing homes and buildings across the country. Before metal studs existed for use in the framing of buildings, carpenters were responsible for this process. As a result, carpenters were exposed to large amounts of asbestos fibers.

Though these carpenters were most widely associated with working with wood, they were also working with and around all kinds of other construction materials that contained asbestos. This includes materials such as:

The risk of exposure to asbestos fibers is often associated with individuals who worked with or around products that contained asbestos. However, people who come in contact with workers who are exposed to asbestos fibers are also at risk of the dangers of asbestos. These dangers include the development of mesothelioma and other asbestos-related cancers.

Why is Asbestos Dangerous?

Asbestos was used in many products up until the 1980’s, when the dangers of it were universally recognized. Asbestos becomes dangerous when it is disturbed and releases microscopic fibers into the air. Once these fibers are released into the air, they can be breathed in and may remain in the lungs. The effects of asbestos fiber exposure may not become apparent for many years or even decades.

How Second-hand Asbestos Exposure Occurs

Second-hand asbestos exposure involves exposure to the asbestos fibers without actually working with the material that contains asbestos. The victims of second-hand exposure are often family members of individuals returning home from work after encountering asbestos as a result of their employment. These workers are unaware that they may be carrying fibers that could be dangerous to their families.

Today, the dangers of exposure to asbestos fibers are widely understood. These dangers include significant long-term health consequences, such as mesothelioma and other asbestos-related cancers. Though it was used in products throughout the country, there are certain states that had a higher prevalence of it and a higher number of deaths associated with it.

While the use of asbestos in products was largely discontinued in the 1980s, individuals continue to be diagnosed with serious health conditions related to exposure to asbestos due to the ability of asbestos fibers to remain in the body for long periods of time. Asbestos becomes dangerous when microscopic fibers are released into the air and breathed into the lungs. Importantly, the effects of exposure to asbestos fibers may not become apparent for many years.

Where was it Commonly Used?

Asbestos was more common in certain states as a result of the particular industries that were located in those states. These industries included manufacturing, mining, and shipping. In Michigan, the automobile industry exposed many people to asbestos fibers. Asbestos was used in numerous automobile parts, including transmission components, clutches, brake pads, and spark plugs, among many others.

Veterans Affairs Disability Compensation for Asbestos Exposure

The Department of Veterans Affairs (VA) provides compensation for veterans who suffer from a medical condition connected to the veteran’s military service. Quite often, these types of conditions arise as a result of the traumatic injuries on the battlefield. The VA also considers asbestos-related diseases, like mesothelioma or asbestos lung cancer, to be conditions that are compensable. VA benefits can provide critical resources to a veteran suffering from the devastating effects of asbestos-related illness.

Asbestos in the Military

Individuals who served in the military, particularly before the 1980s, were at a high risk of being exposed to materials that contained asbestos. This is because the properties of asbestos made it highly suitable for use in machines that needed to be resistant to fire and heat. Though vehicles and other machines in all branches of the military contained asbestos, it was most widely used in naval ships. Because the effects of asbestos fiber exposure usually do not appear for several years, or even decades, it is common for veterans who served during the middle of the twentieth century to just now be diagnosed with serious conditions.

Process for VA Disability Compensation for Asbestos Exposure

The first step in obtaining VA disability benefits is to file a claim, which is accomplished through VA Form 21-526. The VA will obtain evidence, such as the veteran’s military history and medical records. This process can take up to four months, but can be expedited by providing the VA with the evidence required. In addition to collecting evidence, the VA may request that the veteran submit to an examination at a VA hospital.

Individuals who worked in the railroad industry are very likely to have been exposed to materials that contained asbestos. Exposure to asbestos-containing materials increases the risk of long-term health issues. Under the Federal Employers’ Liability Act (FELA), railroad workers are afforded a special way of potentially recovering for health conditions that develop as a result of exposure to asbestos. Today, numerous railroad companies have been involved in litigation brought under FELA.

Danger to Railroad Workers

The use of asbestos was widely abandoned in the 1970s when the dangers of exposure to it were recognized by the federal government. Due to the size of the railroad industry during the twentieth century, there are many people who were exposed to asbestos. Further, because of the specific properties of asbestos, it was widely used for railroad materials, including, but not limited to, the following:

1. Insulation, including materials in locomotives, such as boilers, the outside of the engine, under the body of the train, and in boxcars;
2. Equipment, such as cement ties, plaster, and sealing materials; and
3. Locomotive parts, such as brake pads, the transmission clutch, and tiles in passenger cars.

Workers possibly affected by exposure to asbestos include those who worked on or constructed railroads, such as by laying track, as well as those individuals who constructed locomotives, rail cars, or parts used in the industry.

After the federal government officially recognized in the 1970s that exposure to asbestos fibers increased the risk of long-term health risks, the use of asbestos in products was largely discontinued. However, much of the asbestos already used was not removed, meaning buildings around the country still contain materials that have asbestos in them today. The Asbestos Hazard Emergency Response Act (AHERA) provides special regulations for how asbestos is treated when it is located within schools.

AHERA and Asbestos in Schools

Under AHERA, school districts and non-profit schools, such as charter or religious schools, are required to:

1. Inspect their schools for asbestos-containing building material; and
2. Prepare management plans and to take action to prevent or reduce asbestos hazards.

Though the use of asbestos was largely discontinued in the 1970s, there are many buildings that still contain the product. For the most part, asbestos poses little or no threat so long as it is not disturbed. As a result, asbestos was simply left in buildings in order to avoid the expense and difficulty of removing it. However, when repairs or reconstruction are required, materials containing asbestos may be disturbed. Because of this, there are numerous laws regulating the process of removal, known as asbestos abatement. Here, we focus on regulations under the National Emission Standards for Hazardous Air Pollutants (NESHAP) or asbestos abatement under NESHAP.

General Information about Abatement

Under ordinary circumstances, asbestos in buildings does not pose a significant threat. The danger emerges when asbestos is disturbed or moved, which releases microscopic fibers into the air. This can occur when work is undertaken on a building, which will necessitate the safe removal of the products or materials containing asbestos. Additionally, opening walls or doing other work on a building that makes asbestos accessible may provide a good opportunity to remove it, even though it is not affected by the work. The safe removal of asbestos is critically important, but can also be expensive, which caused some individuals to not remove it in a safe manner. As a result, the need for laws standardizing conduct related to asbestos abatement became apparent. Both state and federal laws regulate asbestos abatement. The types of regulations include, but are not limited to, the following:

1. How asbestos is handled and disposed of;
2. The training and licensing of authorized asbestos contractors; and
3. Accreditation of laboratories to test air samples after removal.

Asbestos Abatement under NESHAP

The Environmental Protection Agency (EPA) developed NESHAP in order to protect the public from exposure to airborne contaminants that pose hazards to people’s health. Under NESHAP, prior to any demolition or renovation, a thorough inspection of the affected building or part of the building where the demolition or renovation will occur must be completed to search for the presence of regulated asbestos-containing material (RACM). Further, the owner of the building must give written notice to the EPA stating the intention to demolish or renovate. NESHAP requires that all RACM must be removed before any activity beings that may break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. If there is material with RACM on it that is being removed as a unit or in sections, the RACM exposed during the cutting or disjoining must be wetted. This is to help keep it from escaping into the air. Further, during the removal of such material, it must be carefully lowered to the floor or ground level, as opposed to being dropped, thrown, or slid on the ground.