An asbestos claim filed by an Oregon school district alleges that a company hired to remove asbestos from a building failed to do the job properly. The St. Helens School District No. 502 (SHSD), located approximately 30 miles north of Portland, is seeking nearly $390,000 in compensatory damages.

Case Background

In 2009, the SHSD hired defendant PBS Engineering and Environmental Inc. to manage an extensive asbestos removal and remediation project on the St. Helens Middle School buildings. This involved the removal and replacement of nearly 17,000 square feet of asbestos-containing floor tile and adhesive. Nine years later, SHSD again hired the defendant for the purpose of identifying hazardous material (hazmat) that would need to be removed safely in order to demolish the aging buildings. This also included removal of the materials itself, supervision, inspections and asbestos testing. At the beginning of July 2019, PBS Engineering reported that the removal of asbestos and other hazmats had been done. However, the plaintiff claims that when the demolition process went forward, asbestos was discovered in concentrations above the legal limits established by Oregon’s Department of Environmental Quality (DEQ). As a result, SHSD was required once again to deal with the problem that the defendant had assured them had been dealt with, incurring “significant additional expense” as a result. In addition, approximately 1,800 cubic yards of concrete debris that was intended to be repurposed had to be thrown out and new fill material obtained before the new school buildings could be constructed.SHSD accuses PBS Engineering of negligence and negligent misrepresentation, and is seeking compensation for the original work ordered, disposal costs of contaminated waste, and any fines that may be incurred.

Asbestos Claim Highlights Health Dangers

Asbestos, primarily chrysotile or “white” asbestos, was ubiquitous in building construction from the mid-19th to the late 20th Centuries. Accounting for approximately 90 percent of all asbestos usage, white asbestos is made up of relatively soft, curly fibers that nonetheless can cause severe scarring to lung tissue (a condition known as “asbestosis”) as well as asbestos cancer. Unfortunately, it is still commonly found in roofs, ceilings and flooring in many older homes as well as commercial and institutional buildings. The other variety often used in building and industrial applications is known as amphibole asbestos, which is made up of straight, needle-like fibers. This variety is known to cause mesothelioma, a particularly deadly malignancy that attacks the visceral lining of the chest and abdomen. Medical scientists suspected the dangers of asbestos as early as the 1920s, and the link between asbestos and respiratory disease was firmly established in the late 1930s. The asbestos industry then allegedly engaged in a 40-year-long conspiracy to hide this information until an asbestos claim filed around 1976 brought the issue to light. 

The Present Asbestos Claim

The SHSD filed its complaint at the end of October. It is not clear if people in the area were exposed to friable (loose) asbestos fibers, as this was contained in the adhesive used to fix the floor tiles in place. Nonetheless, such a risk remained, requiring expensive remediation.The current asbestos claim is Case No. 19CV47092, Circuit Court of Oregon, Columbia County.