The office of Attorney General Martha Coakley has reached a settlement with Sears, Roebuck and Co. regarding alleged violations of the Massachusetts Clean Air Act and the Consumer Protection Act. The settlement was reached on August 19.

According to a press release, Sears improperly removed asbestos from a Pembroke home in October 2004. Under the terms of the settlement, Sears will pay a civil penalty of $55,000 to the family living in the home. In addition, the company has agreed to adopt practices and policies to ensure improper asbestos removal is not carried out again.

Massachusetts Department of Environmental Protection Commissioner, Laurie Burt, said, “The improper removal and handling of asbestos is a serious matter which potentially exposes families and workers to serious diseases such as mesothelioma. Businesses that fail to follow the asbestos regulations will end up paying significant penalties, as well as higher costs for expanded cleanup and decontamination work.”

The original complaint was filed in 2004, after Blane and Rachel Provost contacted Sears for an estimate of the removal and replacement of their old boiler, which contained asbestos insulation.

A Sears representative originally told the Provosts that the company could complete the project affordably, and hired two subcontractors to carry out the work. The Provosts were also told the contractors would have the proper licenses and training to safely complete the project.

However, the subcontractors hired by the Sears representative were not trained, licensed, or qualified to handle asbestos removal. In addition, Sears and the subcontractors failed to notify the Department of Environmental Protection that asbestos handling and removal was involved.

Surely of greater concern to the Provosts is that the subcontractors did not use proper asbestos handling procedures. The old boiler was removed and left in the basement with its chamber exposed, and asbestos material was scattered on the basement floor. To make matters worse, subcontractors used their bare hands to scoop up the material and store it in black plastic trash bags. These procedures are dangerous practices that can easily result in the development of asbestos cancer.

Attorney General Martha Coakley said of the incident, “Homeowners and their families should not be faced with a health risk when they purchase common household appliances like a new boiler. Asbestos removal requirements were enacted to protect public health and safety. Businesses who are contracted to perform work inside residential homes must properly train and supervise their employees so that homeowners are given accurate information and not put at risk.”

This entry was posted on Wednesday, August 27th, 2008 at 3:46 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.