Sonoma State University in California will pay $2.9 million in damages after it was found that the public university violated multiple health and safety laws when it improperly handled areas of the school contaminated by asbestos.
This situation came to light as whistleblower Thomas S., an environmental health and safety specialist, filed a lawsuit stating he told his supervisors about concerns that the buildings contaminated by asbestos were not properly taken care of, but his supervisors ignored the concerns he raised.
In September, Sonoma County Superior Court Judge Nancy Case Shaffer awarded the judgments against Sonoma State University after siding with Thomas, who also said in his whistleblower lawsuit that the University forced him to resign after he raised claims about various areas of the University being contaminated by asbestos and improperly handled.
The damages that Sonoma State will pay includes three quarters of the penalties to be distributed to the Occupational Health and Safety Administration (OSHA) and the Labor and Workforce Development Agency.
The remaining quarter of the $2.9 million settlement will be split among 232 staff members, including teachers, administrative workers and other University employees who worked in Stevenson Hall between May 1, 2013 and March 6, 2015 that was contaminated by asbestos. Each individual award per staff member is approximately $3,100 each.
The University is expected to appeal the decision, and reportedly spent about $3.5 million in legal fees already to fight the asbestos case and take it to a jury trial. The funds will be placed on hold and not distributed to employees until the appeals court has had a chance to make a decision on the matter.
The $2.9 million award is not the only one to come about from the lawsuit Thomas filed. This March, Thomas was awarded $387,000 by a jury who found that Thomas’ direct supervisor was liable, awarding Thomas for the lost income, emotional distress and mental suffering that he endured after being forced to resign from his position. Thomas was also awarded his job back with the University as part of the Sept. 21 ruling by Judge Case.
Consequences of Inhabiting Areas Contaminated by Asbestos
Asbestos is a naturally occurring mineral that is mined from the earth and is used for its superior flame retardant and insulative properties.
However, the substance is also a known carcinogen, and in particular, it is associated with lung cancer and mesothelioma, a cancer of the mesothelial lining of the lungs.
Many older schools and buildings have been found to be contaminated by asbestos. In general, when left undisturbed, asbestos does not pose any health threats. However, when it becomes disturbed during remodeling or other construction, the fibers can become airborne and the asbestos inhaled into the lungs where it can cause inflammation and eventually lead to cancerous changes in the lungs or lining of the lungs.
For individuals exposed to areas contaminated by asbestos, there health problems typically do not develop until decades later. Many of the cases of asbestos-related diseases currently diagnosed in individuals are related to asbestos exposure 30 to 50 years ago.
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