Parents of Mesothelioma Victim Win Court Battle
Doug and Donna Satterfield appreciate their bittersweet victory in the face of an unspeakable tragedy. On September 9, 2008, the Tennessee Supreme Court presented a ruling that establishes an employer’s duty of care. This ruling is the final outcome of a lengthy court battle between the Satterfields and aluminum manufacturer Alcoa that began after their beloved daughter, Amanda, fought and died from mesothelioma.
On September 7, 1979, the Satterfields gave birth to a daughter, Amanda Nicole. Amanda was three months premature and her dedicated parents visited her in the hospital every day. Donna spent the day with the baby and Doug joined her right after work each day, still wearing his work clothes.
What Doug didn’t realize is that he was coming to the hospital covered in asbestos dust. As he held his baby girl, she was breathing in the dust the covered his hair and clothes. Even though OSHA created regulations in the early 1970′s preventing employees that are exposed to asbestos from bringing home their clothes to be laundered, Alcoa was apparently not abiding by these regulations. In addition, Doug insists that employees were never informed that they were working with asbestos.
The Satterfields did not realize the effect of the asbestos exposure on their daughter until she was diagnosed with mesothelioma in 2002 at the age of 23. The prognosis was grim and she succumbed to the disease in 2005 after painful surgery and treatments. Doug Satterfield was devastated to learn that he had been the one to expose his daughter to the deadly asbestos.
Amanda had filed suit against Alcoa because she wanted to ensure that no company could allow their employees to be exposed to asbestos without their knowledge. She was determined to make sure that the Alcoa employees would know the truth. Doug and Donna took over the lawsuit after Amanda’s passing.
After a statement by Alcoa’s attorneys that the case had no merit and years of moving through the appellate court system, the Tennessee Supreme Court decision is something that the Satterfields feel proud of. Employers will now have to take the steps necessary to protect their employees from hazardous materials, a change for which Amanda and her parents fought diligently.
New York Man Pleads Guilty to Illegally Dumping Asbestos
In a location about 65 miles east of Syracuse, NY, as much as 60 tons of asbestos-contaminated materials were dumped in a farm field. John Deck of Norwood, N.J. pled guilty to this illegal act and admitted to using a phony state permit and several truckers to carry out this unsafe job.
This crime can have a penalty that includes a fine of up to $250,000 and up to five years in federal prison. Deck will be sentenced in the Utica U.S. District Court next January. The investigation is still continuing and he is also expected to pay some of the asbestos removal costs, which are anticipated to be in the millions of dollars.
Strict guidelines are explained by organizations such as the Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) on how to properly, efficiently, and safely dispose of asbestos. These rules are for the safety of not only anyone directly involved with asbestos, but also the larger surrounding community that may be exposed.
OSHA Fines Oregon City for Asbestos Violation
The Oregon Occupational Safety and Health Administration (OSHA) fined the city of Central Point for not providing appropriate protection from asbestos exposure to workers. Asbestos exposure is the primary cause of mesothelioma, as well as asbestosis. The city employees were working on a demolition project that was completed in February. While only trace amounts of asbestos were found, OSHA fined the city $815 for violating procedural rules regarding training and handling of asbestos, in particular, for not testing the site prior to beginning the demolition.
OSHA started a new initiative in January of this year to enforce the appropriate training of employees and supply of appropriate protective equipment. Companies will be penalized by OSHA for not adhering to these requirements and may receive a separate penalty for each training and equipment violation. OSHA’s addendum is meant to enforce proper punishment again employers who choose to ignore these important safety standards.
For more information on the final ruling, go to the OSHA web site and read the clarification of employer duty.
