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Thursday, May 8, 2008

MesotheliomaInfo2day - New York Asbestos Whistleblower Demoted

For fifteen years John Kielbasa has been reporting instances of loose asbestos that he has found in the facilities of his employer, the New York City Department of Education. As a steamfitter, Mr. Kielbasa came across instance after instance where pipes, valves and other fittings that had asbestos coating still remained in school buildings.

Over the last two decades, the relationship between asbestos and the lethal cancer mesothelioma has been well established and liability for sickness among those exposed to asbestos during their working lives has been laid at the doors of product manufacturers. Many public entities went through elaborate and expensive efforts to remove all asbestos from public buildings.

Apparently the New York City Department of Education has not completed the task. Their response to Mr. Kielbasa’s continuing reports, however, has been a demotion of the skilled tradesman to janitorial work. He has retained counsel and continues to agitate against the remaining asbestos in New York schools.

Until 2003, the only reporting procedure for asbestos findings in New York schools was a phone call to a supervisor. The result is an absence of records about ongoing reports and the failure of the Department of Education to respond. While the City has been active in pursuing judgments against asbestos product providers, any funds rewarded in these cases has gone to the City’s general fund rather than for asbestos abatement.

While some schools were closed in the 1990s for asbestos contamination, apparently substantial amounts of friable (loose) asbestos remain in many schools. The result is continued exposure to asbestos for the young people in these schools, making them potential mesothelioma patients years from now.

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