Sears, Roebuck settles asbestos removal suit in Pembroke, Massachusetts

Sears, Roebuck and Co. has entered into a settlement with the Massachusetts Attorney General’s office concerning the company’s improper removal of an asbestos boiler from the home of a Pembroke family. Sears was charged with violating the Massachusetts Clean Air Act and the Consumer Protection Act. The family had hired Sears to remove their existing boiler, which was insulated with asbestos, and replace it with a new one. Sears, in turn, subcontracted the job out to plumbers who were not licensed or trained in asbestos handling or removal. While they were trying to remove the boiler, the subcontractors dropped it on the basement floor where they left it partially dismantled with the old asbestos insulation in bits and pieces around it. When the workers finally did clean up the mess, they used their bare hands and dumped the asbestos waste into ordinary black trash bags. According to the complaint filed against Sears, the subcontractors left “a hazy asbestos dust in the air” in the home’s basement and first floor.

“The improper removal and handling of asbestos is a serious matter which potentially exposes families and workers to a known carcinogen,” said Massachusetts Department of Environmental Protection Commissioner Laurie Burt. “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.”

When asbestos is disturbed or removed, it becomes friable, releasing dangerous asbestos fibers into the surrounding breathing space. When airborne, asbestos fibers may be breathed in and trapped in the lungs, resulting in asbestosis, lung cancer or mesothelioma. To settle the case against it, Sears agreed to pay a civil penalty of $55,000 to the Pembroke family. In addition, Sears will be required to create an asbestos training program to ensure that its salespeople and managers follow strict guidelines on all jobs involving asbestos removal.

For the full story, go to Wicked Local Pembroke.

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