Though asbestos use has largely been discontinued in the United States, mesothelioma and other asbestos-related diseases remain serious health threats from legacy asbestos that has been in place for decades. This is particularly true when those responsible for safety fail to follow proper protocols, as was the case at a Missouri long-term care facility. A recent federal indictment has charged multiple parties with improper asbestos handling that exposed over 150 vulnerable residents and staff members to the deadly carcinogen’s fibers.
Criminal Charges Filed After Nursing Home Residents Put at Risk of Mesothelioma
Ever since asbestos was identified as a carcinogen responsible for mesothelioma and other serious illnesses, federal and state laws have been put in place governing its management. Unfortunately, the drive to put profits over people’s health continues to put people at risk, as seen by recent accusations against three parties in Missouri. The former administrator, maintenance contractor, and company owner of a skilled nursing facility there were indicted by a federal grand jury for their roles in a conspiracy to violate asbestos-related laws during renovation work. Charges include conspiracy to defraud the United States, six counts of Clean Air Act violations, and making false statements to federal agencies.
According to the indictment, the violations that put residents and staff members at risk of mesothelioma and other asbestos-related diseases occurred during floor renovation work between October 2020 and January 2021. The nursing home’s existing linoleum flooring contained 6-12% chrysotile asbestos, which qualified it as regulated asbestos-containing material (RACM) under EPA guidelines. Despite warnings to the administrator that the floors likely contained asbestos and required testing, no proper inspection or asbestos abatement occurred, and a contractor who lacked asbestos abatement certification was hired.
Improper, Untrained Asbestos Abatement Put Workers and Residents at Risk of Mesothelioma
Unaware of the risk of mesothelioma to themselves and to nursing home residents, the contractors’ employees used mechanical floor strippers and grinding equipment that generated visible asbestos dust throughout the facility’s hallways, dining areas, and even into residents’ rooms. No attempt at basic safety measures was ordered by the contractor’s management or requested by the facility’s administrator. These measures would have included posting warning signs, erecting barriers, using water to suppress dust, and properly disposing of asbestos waste.
When Missouri Department of Natural Resources officials inspected the facility, they discovered the violations and warned that residents might need evacuation due to the risk of mesothelioma. The contractor falsely claimed he had no prior knowledge of asbestos or permitting requirements, and the facility’s administrator later made false statements to OSHA inspectors, claiming she had been unaware of the renovation project until December 2020 and knew nothing about asbestos until state regulators arrived. EPA Assistant Special Agent Cate Holston called the conspiracy “a betrayal of trust that puts the most defenseless members of our society at risk.” The case is being prosecuted by the U.S. Justice Department.
If you or someone you love has been diagnosed with mesothelioma and you need help, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
