By Brigette Honaker  |  February 15, 2019

Category: Asbestos

Two home remodeling companies and their owners face almost $800,000 in fines following asbestos litigation by the state of Washington.

In four separate investigations, James Thorpe, Northlake Capital & Development, Chris Walters, and 3917 Densmore LLC were charged $789,200 in fines by the Washington Department of Labor & Industries for 11 discrete violations.

The two home renovation businesses and their owners reportedly put their workers and surrounding residents at risk by failing to handle and abate asbestos safely at a Seattle home flipping site.

“These two men endangered their workers and people who live nearby this project, including children,” said Anne Soiza, according to Occupational Health and Safety. Soiza acts as the Department of Labor & Industries assistant director for the Division of Occupational Safety and Health.

Soiza continued: “On top of that, they tried to avoid responsibility by creating a legal web of confusion over who was responsible. I hope this sends a strong message that we take worker safety and public health very seriously.”

The asbestos litigation was reportedly prompted by a local neighbor who complained to the Department of Labor & Industries. Workers allegedly removed exterior asbestos tiles without following proper asbestos regulations. When neighbors spoke to Walters, they were reportedly promised that the asbestos in the house would be removed correctly. However, videos taken by the neighbors allegedly revealed several violations of the asbestos code.

According to the Occupational Health and Safety, the Department of Labor & Industries’ investigation showed that the involved parties used a convoluted corporate partnership to flip the house. Thorpe initially purchased the property, a transaction reportedly completed through his company Northlake Capital & Development.

Afterward, Thorpe reportedly created 3917 Densmore LLC and appointed Walters to be the sole member of the corporation. Thorpe allegedly claimed that Walters, who was a Northlake employee, owned the home was to live there in the future.

Neither Walters nor Thorpe accepted responsibility for violations of regulations found during L&I’s investigation. Both men ended up carrying a burden of responsibility in the conclusion of the asbestos litigation, with Thorpe and Northlake being fined $214,100 each and Walters and Densmore being fined $180,500 each.

The results of the Department of Labor & Industries’ investigation revealed several violations including the following:

  • Use of workers uncertified in asbestos removal;
  • Failure to use a certified asbestos supervisor;
  • Lack of an asbestos survey done before working on the home;
  • Failure to use water to prevent the release of asbestos fibers;
  • Failure to keep the shingles intact during removal;
  • Failure to provide personal protective equipment to workers;
  • Lack of air monitoring;
  • And failure to establish a written accident prevention program.

All those some may call these measures excessive, every regulation regarding asbestos is designed to keep workers and consumers safe. Although asbestos has not been completely banned in the United States, the use and manufacturing of the product have been strictly regulated by several laws including the Asbestos Information Act (AIA), the Clean Air Act (CAA), the Safe Drinking Water Act (SDWA), and many more.

Additionally, the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Consumer Product Safety Commission (CPSC), and Mine Safety and Health Administration (MSHA) all implement regulations regarding the dangerous material.

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