By Paul Tassin  |  May 6, 2016

Category: Labor & Employment

asbestos-removal-signA former employee of Sonoma State University says he was fired for reporting conditions at the school that could lead to asbestos exposure.

Environmental health and safety specialist Thomas S. has sued the school, saying he was forced to resign after repeatedly raising concerns about possible asbestos exposure at several of the school’s buildings.

Thomas now says some of the older buildings on campus have asbestos dust in high concentrations within arm’s reach of building occupants. He reports he collected asbestos samples in some buildings, finding asbestos dust on windowsills and bookshelves.

He also states his supervisor ignored his repeated warnings about damaged floor tiles in faculty offices that were being regularly disturbed by furniture casters.

This wear could release asbestos into the air, creating a risk that occupants might get asbestos in the lungs, the lawsuit claims.

Asbestos Exposure On Campus

One building on campus, Stevenson Hall, had gotten particular attention as part of Thomas’ asbestos lawsuit.

In the more than 50-year-old building, samples from air shafts revealed from 259,000 to 518,000 asbestos structures per centimeter. By industry standards, levels above 100,000 structures per centimeter are considered “high.”

In addition to Stevenson Hall, Thomas says five other older buildings on campus have asbestos-contaminated ventilation systems, putting the occupants at risk for asbestos cancer.

Thomas’ employment began to be threatened when he questioned the reliability of a different testing method that the university had used to check for asbestos exposure, he says.

He takes issue with the testing methods used by the university, arguing that they should do more air sampling during “high disturbance activities,” particularly while workers are doing maintenance on the ventilation system.

Thomas says he was reprimanded after he raised his objections, and from there things went downhill.

Back when Stevenson Hall was built, asbestos was still a frequently used construction material. It was considered useful as insulation and fire retardant, and it could also be used to control acoustics.

More recently it has been strictly regulated due to its potential to cause asbestos cancer such as mesothelioma and lung cancer.

Representatives of the university dispute Thomas’ allegations. They say ongoing testing and air sampling on campus has not revealed any asbestos.

They also note that while asbestos in the lungs may be a hazard, asbestos-based construction materials that are left undisturbed are not.

Separate from Thomas’ own asbestos lawsuit, the university’s faculty union has filed a grievance over the same asbestos exposure issue. The union also hired its own consultant with expertise in health and safety issues, and particularly in asbestos exposure.

In his asbestos lawsuit, Thomas seeks about $15 million in both general and punitive damages.

Part of his claims arise under a California law that lets employees bring a claim against their employers for workplace safety violations and divert 75 percent of any damages recovered to the state agency that oversees workplace safety.

Sonoma State argues that it is a public entity that such claims can’t be brought against.

Trial in Thomas asbestos lawsuit is planned for July 2016.

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