In February 2009, the courts will decide if executives of WR Grace knowingly suppressed information that the vermiculite mined at Libby, Montana contained asbestos. If found guilty, the executives responsible for over 200 mesothelioma-related deaths could face over 50 years in prison. The WR Grace Company could be fined over $250 million as part of the criminal case.

Vermiculite, a mineral used in insulation and other construction products, can contain varying amounts of asbestos, a known carcinogen. The vermiculite pulled out the Libby mine contained significant quantities of the substance. When the vermiculite was processed, microscopic asbestos fibers were released from the vermiculite core, setting the stage for a medical disaster. Over 1,200 residents of the sleepy Montana town have contracted mesothelioma and other asbestos related diseases due to the long-term exposure to the asbestos.

The WR Grace Company has vigorously fought against civil actions to recover medical expenses and other damages for the victims of Libby. The same tenacious fight is expected in the criminal trial, which so far has been marked by multiple delays on the part of the manufacturer. In spite of the rear-guard efforts made by the company, legal experts estimate the criminal trial will be resolved before the end of 2009. 

To date, 2008 has been an encouraging year for the victims of one of the worst cases of long term exposure to asbestos. In April 2008, the manufacturer agreed to a $1.8 billion settlement which would clear WR Grace of any future civil liability. The settlement consists of a series of timed payments to a trust fund, which will administer future claims from victims. WR Grace also plans to offer 10 million shares of company stock at preferential prices to victims of mesothelioma and other asbestos-related diseases.

In 2008 WR Grace was also fined $250 million for Superfund cleanup costs. The vermiculite mined at the Libby location was contaminated with of the most dangerous types of asbestos, tremolite. After decades of operation, Libby and the surrounding area was saturated with the dangerous material. Environmental Protection Agency officials expressed doubt that the record fine would cover all of the costs of cleaning up.

However, the enormous financial and human costs of asbestos-related mesothelioma are creating the energy needed to overcome the influence of industry. The United States House of Representatives has introduced HR 6903, also known as the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2008, into committee. 

Introduced in September 15, 2008, the Ban Asbestos and Prevent Mesothelioma Act will add language to the Toxic Substances Control Act that will prohibit the importation, manufacture, distribution or sale of any products containing asbestos.

If adopted, the use of asbestos in America will be sharply curtailed. Manufacturers will be able to obtain exemptions to the act’s provisions, but are required to prove that no other viable alternative for asbestos exists. Further provisions require the exemption to be subject to periodic review in order to maintain the exempt status.

Other aspects of the proposed legislation address materials which are often contaminated with asbestos, such as calcium carbonate or talc. Persons who manufacture, import, distribute or sell these products will be required to certify that the asbestos content of these products fall within accepted non-harmful levels.

The legislation will require include an expanded mesothelioma public awareness program, as well as additional protections for air and water quality. The Ban Asbestos and Prevent Mesothelioma Act also allows for periodic reviews of asbestos levels in order to maintain adequate protection against the harmful effects of asbestos exposure. 

The bill is named after a Minnesota state representative, Bruce Vento. In his 24 years in Washington DC, Vento fought for a cleaner environment and the betterment of blue-collar working conditions. Mr. Vento was diagnosed with lung cancer early in 2000, and died in October.

Currently, the Ban Asbestos and Prevent Mesothelioma Act is still under consideration by the House Committee on Energy and Commerce. Should the committee decide the provisions of the act are appropriate, it will move to the floor for a general House vote. 

Asbestos-containing materials will be a potential health hazard for as long as they remain in the environment. If passed, the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act could be an important step toward protecting future generations from the nightmare of asbestos-related mesothelioma.

In theory, asbestos abatement procedures should work. However, greed can undermine procedures.  Residents of Andover, MA were shocked to discover that local resident Albania DeLeon had been faking asbestos removal training certificates for years, from 2001 to 2006.

DeLeon operated Environmental Compliance Training (ECT), an asbestos removal training school in Methuen, MA. The school offered weekly training in the safe removal of asbestos, a mineral known to cause mesothelioma. According to the United States Attorney’s Office in Boston, the school employees, with DeLeon’s full knowledge, sold phony asbestos certificates to hundreds illegal immigrants who used the ECT school and temporary work agency. Armed with the certificates, the untrained workers were able to find work with asbestos abatement companies and sub-contractors.

Many of the uncertified workers found work with DeLeon’s temporary work agency, Methuen Staffing, which specialized in asbestos abatement work. DeLeon paid these workers under the table, not reporting their earnings to the IRS.

Asbestos abatement procedures have been established to provide a reasonable degree of protection to the workers who are charged with removing asbestos materials from buildings. These procedures are meant to protect the general public from exposure as well. Lacking the proper training, the uncertified workers from DeLeon’s training school could have exposed themselves and countless other people to asbestos fibers.

“The potential health risks associated with untrained workers doing this kind of work, is very disturbing” said Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Office of Investigations in Boston.

The full extent of the damage that DeLeon set in motion will not be known for decades. Mesothelioma and other asbestos related diseases have extremely long latency periods, and symptoms can take 15 to 30 years to develop. Uncertified workers were used in abatement projects throughout the New England area, including Boston, New Hampshire, Maine and Connecticut. 

DeLeon was convicted of a variety of charges November 19, 2008 after a two and a half week trial. Charges include conspiracy, making false statements, procuring false tax returns, and five counts of mail fraud. Sentencing for DeLeon is scheduled for February 17, 2009.

The conference is meant as a call to action for health professionals, legislators, workers and private citizens to recognize the still-present threats posed by asbestos-containing materials. Goals of the conference include calling for a total ban on the use of asbestos and similar materials, as well as inspiring scientists and medical researchers to discover better treatments for mesothelioma and other asbestos related diseases.

The Asbestos Disease Awareness Day Conference is scheduled for March 27 to March 29, 2009. The timing is meant to take advantage of the expected passage of a simple Senate resolution declaring the first week of April 2009 as National Asbestos Awareness Week.

In 2005 and 2006, the United States Senate passed similar simple resolutions declaring the first day of April as National Asbestos Awareness Day. These simple resolutions do not carry the force of law, but do clearly demonstrate the sentiments of the US Senate regarding mesothelioma and asbestos-related diseases.

The Asbestos Disease Awareness Conference 2009 will take place in Manhattan Beach, California. Previous conferences by the ADAO have been held at the Barbara Ann Karmanos Cancer Institute in Detroit, MI, and the Mount Sinai School of Medicine in New York and have featured distinguished medical health professionals, research scientists and community action leaders from the United States, Canada and India.

The ADAO insists that more must be done in the fight against mesothelioma and other asbestos-related diseases. One goal of the ADAO is to push for more reliable early tests for asbestos-related cancers in the hope of providing more effective treatments for mesothelioma victims. No cure exists for mesothelioma and relatively little is known about the late stages of this deadly disease, so the ADAO is an active voice calling for more research.

Although the use of asbestos in America has been reduced, future generations are still at risk. In spite of the clear and present dangers inherent in the use of asbestos, over 7,000 metric tons of this known carcinogen are used in various products in the United States every year. The ADAO continues to push for a complete ban on the use of asbestos, and is expected to repeat this call at the 2009 conference.