As other countries outlawed asbestos, workers in a New York plant were “swimming” in it. (via propublica)
Henry Saenz remembers when he first learned what even the tiniest bit of asbestos could do to his body. He was working at a chemical plant where employees used the mineral to make chlorine, and his coworkers warned him about what could happen each time he took a breath: Tiny fibers, invisible to the eye, could enter his nose and mouth and settle into his lungs, his abdomen, the lining of his heart. They could linger there for decades.
Now, too late for Saenz, the Environmental Protection Agency appears poised to finally outlaw asbestos in a test case with huge implications. If the agency fails to ban a substance so widely established as harmful, scientists and public health experts argue, it would raise serious doubts about the EPA’s ability to protect the public from any toxic chemicals.
What they recounted—ever-present asbestos dust with scant protection—stunned six experts in industrial hygiene and occupational health who were consulted by ProPublica. “It’s just so counter to everything that they put in the record about using [asbestos] safely,” Monforton said. The screen was coated with a layer of impenetrable asbestos. OxyChem used chrysotile, or white asbestos, the most common type. It showed up on trains in oversized bags that looked like pillows stuffed with down feathers. At OxyChem, there were about 200 tanks, called cells, each the size of a dining room table and containing a metal screen. When a screen needed to be recoated, a special team of workers removed it and brought it to the cavernous cell-maintenance building.
Federal workplace safety standards require keeping asbestos fibers wet to prevent them from going airborne, having workers wear protective equipment and containing the asbestos inside certain areas. OxyChem had rules in place to meet those standards. But protocols failed to match reality at the Niagara Falls plant, according to more than a dozen workers.
Their uniforms sat in the laundry, caked with dry asbestos. When the union raised the problem in 2010, managers responded by giving the team its own hamper with a lid to contain the asbestos, said longtime union officer Mike Spacone. Only after union leaders threatened to call federal authorities did the company give the team its own laundry facilities, Spacone said.
, his records show. Once, the asbestos level was more than five times the allowable limit. The records say he was wearing a half-face respirator. Garfalo said his bosses promised to address the situation, but “nothing changed.” Cheetham, the group’s big brother, had just retired when he fell ill in 2004. A doctor in Buffalo said it was cancer. Cheetham told his daughter Keri that he was certain the asbestos was responsible and asked her to consult a lawyer after he died. When the guys found out he was sick, they showed up at his house. They found their friend in a bed in his living room, under the care of a hospice nurse, struggling to breathe.
The EPA tried to enact a ban in the late 1980s, but the companies got ahead of it. Records from the time show corporations testified that removing asbestos from chlorine plants would not yield significant health benefits because workers were only minimally exposed; they also argued it would require “scrapping large amounts of capital equipment” and thus would “not be economically feasible.”
In the end, asbestos was never banned. The asbestos industry challenged the ban in court, and in 1991, a panel of federal judges deemed the rule too onerous and overturned it. The decision was a stinging blow to the EPA, several current and former employees told ProPublica. “I still remember the shock on the managers’ faces,” said Greg Schweer, an EPA veteran who ran its new-chemicals management branch before he retired in 2020.
“Now, if this were harming people or potentially killing people, that would be the end of the argument, we should outlaw it,” he added. “But there is no known case of asbestos-related disease from the chlor-alkali industry using this technology.” At the Niagara Falls plant, former union leaders believed the program would protect jobs and make the facility safer, they told ProPublica. They worked with management on the application—a monthslong process that entailed updating the plant’s safety practices and submitting to a rigorous inspection. But what actually changed, the union leaders said, was that OSHA inspectors came far less frequently and announced their visits well in advance.
OSHA declined to make an official available for an on-the-record interview or comment on ProPublica’s findings at the Niagara Falls plant. A Department of Labor spokesperson said that plants can be terminated from the program and that unions can withdraw their support.
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