A former MacLaren Youth Correctional Facility (YCF) employee filed a lawsuit on Feb. 20, 2018, regarding exposure to asbestos-containing materials.

This lawsuit claims that management at the facility knowingly allowed staff and young offenders to be exposed to asbestos-containing materials while working on an upgrade of campus cottages and other buildings.

According to The Statesman Journal, John N., the plaintiff in the new lawsuit, alleges that he was knowingly exposed to asbestos-containing materials while spending nearly a year-and-a-half supervising a group of youth that assisted with MacLaren YCF remodeling.

The Oregon State Legislature purportedly approved the funding for the massive $52 million capital improvement project in 2015.

According to the article, the complainant purportedly was ordered to replace wallboard panels that had been removed in one of the in-process campus cottages on Feb. 22, 2017, by his supervisor, Mike B. Mike, one of the named defendants in the case, had supposedly learned of an unexpected tour of state officials.

John heard him explain that he didn’t want the tour participants to discover the asbestos-containing materials located in the walls of what was called Kincaid Cottage, the last building they had worked on over the year-and-a-half period.

The plaintiff reported being immediately alarmed at his supervisor’s confession that asbestos-containing materials were everywhere. He was floored that no one from management had provided any prior notification or warning.

After this confession made by his supervisor, John alleges that himself and a painter who heard it were put on administrative leave. He was purportedly accused of abetting and assisting minor offenders in finding or creating places to conceal items not allowed in the facility while working on remodeling cottages with team of youth.

According to the online article, the plaintiff filed a complaint with the Occupational Health and Safety Administration (OSHA) a month later. By midsummer, OSHA levied a fine of $500 against the Oregon Youth Authority (OYA) claiming dual violations of the Oregon Safe Employment Act.

OSHA completed an investigation which supposedly found negligence on the part of OYA in notifying employees about the presence of asbestos-containing materials. Additionally, the organization was found to be non-compliant when it came to providing annual employee training about asbestos.

It is against Oregon state law to retaliate against an employee that makes a formal complaint about working conditions against their employer. John N. was fired four days before OSHA formally fined OYA. John is asking for damages amounting to $935,000 in his lawsuit.

The Dangers of Exposure to Asbestos-Containing Materials

Asbestos refers to a group of six fibrous minerals found in nature. These minerals have qualities that have made them attractive for use in construction materials in the past. They are known to be resistant to heat, fire and electrical conduction.

While the use of asbestos has seen a massive decline over the last couple of decades, it is still present in some materials and in older buildings. Asbestos fibers once inhaled can become embedded in the lining of the lungs and abdomen a cause a deadly cancer known as mesothelioma.

Mesothelioma may take up to 30 years to develop from the date of exposure. Asbestos exposure has also been linked to the development of lung cancer and asbestosis, a lung disease.