Asbestos exposure in prisons is an ongoing risk for both inmates and staff. Many older prisons were built with asbestos in insulation and other materials. Asbestos is still present in many prison buildings.[1] Asbestos puts employees and inmates at risk of developing serious health conditions, like mesothelioma, lung cancer, or asbestosis.
Asbestos Use in Older Buildings Includes Prisons
Asbestos is a natural mineral. Because it is abundant and cheap, it has been mined for extensive use in various applications. It is lightweight yet adds strength and durability to building materials. Asbestos also resists heat, fire, electricity, and chemical reactions.
These properties make it useful for construction. Although asbestos is currently regulated, it can still be found in many older buildings that have not seen renovations in recent years.
When asbestos in older buildings is disturbed, it can release dangerous fibers into the air. Once these tiny fibers become airborne, it is easy for people in the vicinity to inhale them and become sick as a result.[2]
When asbestos is contained, it is basically harmless. Asbestos-containing materials in older buildings are often damaged or broken. Any renovation or construction work in older buildings increases the risks of exposure.[1]
This effect can be exaggerated in prisons. Many prison buildings lack the same level of maintenance and care as other buildings. Asbestos materials can decay over time, spreading fibers into the air and exposing inmates and workers.
Where Can Asbestos Be Found in Prisons?
Asbestos can be found in several places. Prisons and jails built before the mid-1970s most likely contain asbestos. Because asbestos was commonly used for insulation, the walls and ceilings of older buildings and around pipes, ducts, and furnaces may contain asbestos.
In older prisons, there may be asbestos in these and other materials and building components:
- All types of insulation
- Boilers
- Furnaces
- Roofing materials
- Ceiling tiles
- Floor tiles
- Adhesives
- Spray-on coatings
- Plaster
- Cement
- Caulk
Prison roofs are especially likely to contain asbestos. They often used asphalt shingles made with asbestos.[3] There may also be asbestos in paint, often flaking off walls and other painted surfaces.
How Are Inmates Exposed to Asbestos?
Prisoners risk asbestos exposure just by living in buildings that contain these materials. If asbestos materials are undamaged, the risk remains low. Prisoners may be at greater risk of exposure than residents living in older houses for several reasons:
- One is a lack of prison maintenance. Because maintenance can break down older materials, releasing asbestos fibers, this can affect prisoners; however, prisoners also have less control over their surroundings and limited ability to make improvements.
- Another way prisoners may be exposed is through work. Prisoners may be required to perform maintenance, repair, or renovation work on the prison building. If this is done without protective gear or proper asbestos training, they may be at risk for exposure and resulting illnesses.
- Some prisoners are sent to do off-site work that may put them at risk for exposure as well.
- Even prisoners who are not working may be exposed when asbestos is disrupted, and fibers circulate through the air.
Inmates Intentionally Exposed to Asbestos
Johnson & Johnson continues to battle claims that its talcum powder products were contaminated with asbestos and caused cancer in users. During the trials, some of the company’s disturbing past has come to light.
In 1971, Johnson & Johnson funded a study that involved injecting prisoners with asbestos. The company wanted to compare the effects of asbestos and talc on the skin. While J&J has since expressed regrets, it also defended its actions, stating that testing on prisoners was common practice in the past.
J&J’s participation was just a small part of a string of unethical experiments conducted on Holmesburg Prison inmates in Pennsylvania.[4]
Asbestos Ignored in California Prison
Union whistleblowers filed complaints about the state of buildings at the Dublin, California, Federal Correctional Institution. The complaints stated that the buildings had asbestos and mold that put employees and inmates at risk of health problems.
The U.S. Office of Special Counsel determined there was a substantial likelihood that the whistleblower’s complaints were valid. It found that the Bureau of Prisons ignored complaints about asbestos and mold. The Office referred the case to the U.S. Attorney General.[5]
Are Prison Employees Exposed to Asbestos?
Prisoners are not the only ones at risk in older buildings. Corrections officers and other prison employees also risk asbestos exposure just by doing their jobs. If they have not been trained to identify asbestos, they can be exposed by breathing the air around damaged asbestos.
Supervising prisoners who are doing work that exposes asbestos can also put them at risk. Both prisoners and employees have the right to safety. They risk exposure and illness when they are not warned about asbestos or trained to work with it.
Lawsuits Involving Asbestos Exposure in Prisons
Although corrections officers may be exposed to asbestos on the job, prisoners are the most vulnerable. Several prisoners have brought lawsuits after exposure and resulting illnesses.
In one case, the Kansas Supreme Court granted the prisoner’s right to sue the Lansing Correctional Facility. The inmate spent most of his days in the facility, studying in the prison’s law library. He claimed when officers searched the library weekly for contraband, insulation containing asbestos fell from the ceiling tiles and onto his workspace.[6]
After more than ten years, the Environmental Protection Agency determined the facility had violated the Clean Air Act. The facility was then required to abate asbestos from several locations, including the library ceiling.
After exhausting administrative options and a dismissal of the case, the state Supreme Court reversed the decision. Now, the former prisoner is allowed to sue for medical care and damages.[7]
There have been many other cases like this filed by inmates; however, a government agency steps in to protect prisoners in some cases. In Arkansas, the state Department of Environmental Quality fined the city of Pine Bluff for failing to protect prisoners and parolees performing demolition work in the city.
The prisoners were part of a re-entry work program but were not adequately protected from asbestos in older buildings. Now, they may suffer serious health problems as a result.[8]
What to Do if You Were Exposed to Asbestos in a Prison
Both employees and inmates have a right to work or live in a safe environment. If you were an inmate or prison employee and now have an asbestos illness, you can do something about it.
Both prisoners and employees can file lawsuits to seek justice and compensation if they develop asbestos diseases like mesothelioma due to their exposure. The lawsuit might be against the prison, state, or municipality that runs it or companies that supplied construction sites with asbestos materials.
Contact a mesothelioma lawyer right away for a free consultation. They can help you determine your eligibility for a lawsuit or asbestos trust fund claim. A statute of limitations limits the time you have to file, so get in touch with a lawyer as soon as possible.
