July 14, 2008 – A former teacher at Bridger High School in Billings, Montana has pleaded guilty to a federal violation. The teacher, Randal J. Ecker, instructed vocational students at the school remove asbestos floor tiles without protective equipment and without notifying them or their parents of the potential hazards involved.

Ecker admits he failed to notify the Environmental Protection Agency before removing the tiles, as required by the federal Clean Air Act. He appeared in court before Chief U.S. District Judge Richard Cebull, pleading guilty and waiving his right to a grand jury indictment.

Ecker says of the incident, “I should have been more careful,” but denies the government’s claims that he knew the tiles contained asbestos before the work was carried out.

Ecker could have been charged with three other felonies relating to his failure to follow asbestos removal and disposal regulations, as well as a fourth felony relating to the endangerment of the students who completed the work.

The government offered Ecker a single plea agreement—“a single record-keeping offense”—which according to Assistant U.S. Attorney Leif Johnson, “best reflects what happened.”

The violations stemmed from an incident in 2003 involving plans to renovate part of a school building. The original plans were approved by the school board, but did not include the removal of the floor tiles, which the board already knew contained asbestos.

Ecker’s plan included having the students work on the project under his supervision. During the course of the project, Ecker decided to have the students remove the floor tiles. He obtained permission for the work from Superintendent Deb Black.

The students wore protective clothing while carrying out the work, but the equipment did not prevent asbestos exposure. Proper equipment is absolutely necessary during asbestos removal in order for workers to avoid serious health conditions such as asbestosis and mesothelioma.

The students reported that several tiles shattered during the removal process, which would have caused asbestos fibers to be released into the air. If these toxic fibers are inhaled into the lungs, pleural mesothelioma may develop in the future.

To make matters worse, the asbestos-containing tiles were disposed of as ordinary construction waste in unmarked bags. Asbestos disposal methods not only include careful handling, but proper transportation as well. All asbestos-containing materials must be taken to a designated landfill that is capable of storing asbestos waste. This is done in an effort to prevent communities from being at risk of developing mesothelioma and other asbestos-related diseases.

Five special education students worked on the project. Their parents later sued the Bridger School District, and each student was awarded $251,000 in a civil settlement.

Randal J. Ecker faces a sentence of up to two years in prison, and a fine of up to $250,000. However, Assistant U.S. Attorney Leif Johnson says the government will likely agree to a probationary sentence.

This entry was posted on Monday, July 14th, 2008 at 4:22 pm and is filed under Asbestos Exposure, Asbestos Litigation, Mesothelioma. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.