Scott Tucker, the 43 year old owner of H & M Demolition Company, in Holland, Michigan, has been sentenced to thirteen months in prison and ordered to pay a $1,000 fine for failing to follow state and federal regulations concerning the safe handling of asbestos.
State and federal asbestos handling regulations were put in place to help control some of the dangerous elements of asbestos removal and disposal. Asbestos, known to cause a variety of serious illnesses including the terminal cancer mesothelioma, was used frequently throughout the twentieth century as an insulating and strengthening additive in cement, tiles, wall insulation and more. Today, a licensing process exists that requires contractors to be trained on safe handling procedures before tackling asbestos removal projects.
While Tucker’s company was licensed for asbestos abatement work in Michigan, he elected to ignore many of the regulations during the project indicated in the case in order to save time and money. The demolition project, whose task was to dismantle and level a closed lumber mill, included the disposal of several asbestos wall panels. Tucker instructed his crew to destroy and remove the panels with an excavator, ignoring the regulations which require such panels to be removed by hand and constantly wet to reduce dangerous airborne asbestos dust. Several tons of the asbestos containing debris was then brought to a nearby cement recycling facility, where it was crushed and treated without knowledge of its contamination.
The mismanaged asbestos removal not only put the employees of H & M Demolition at risk, but also threatened the well being of the cement recycling plant workers and increased the risk of asbestos exposure in residential neighborhoods nearby.
Asbestos regulations and restrictions set by the EPA and each individual state are often fairly rigorous, but the process in place for assuring the laws are followed isn’t always effective. While state and federal authorities require each new construction, renovation or demolition project that could potentially include asbestos handling to be brought to their attention, they often do not have the resources to conduct more than a thin, random spot check of the procedures.
Historically, firms and individuals who fail to adhere to asbestos safe handling guidelines are simply fined and required to re-apply for an asbestos abatement license. This time, however, the U.S. District Judge presiding over the case, Judge Robert Holmes Bell, was determined to send a message.
“I am convinced that the message has to be sent out to the larger community,” he said. “This is not to be tolerated. This is also way out of bounds.”
