For Immediate Release: Aug 11, 2005
Contact: Kirsten Stade (202) 265-7337

FLORIDA’S ASBESTOS ENFORCEMENT PROGRAM IS A “SICK JOKE”

Open Season in Sunshine State for “Rip & Skip” Operators


Tallahassee — Florida’s Department of Environmental Protection has crippled its asbestos enforcement program, according to a report released today by Public Employees for Environmental Responsibility (PEER). The quality, quantity and effectiveness of inspections has plummeted, leaving Floridians vulnerable to exposure from airborne asbestos fibers that can lead to fatal conditions, such as lung cancer and incurable asbestosis.

According to agency records obtained by PEER –

  • The annual number of asbestos inspections has dropped by half since 1999;
  • Inspectors are forbidden from entering work areas and are thus unable to verify serious violations; and
  • Inspectors are also forbidden from taking samples, even when friable or disturbed asbestos is hanging right in front of them.

“Florida’s asbestos inspectors are analogous to firefighters summoned to a burning building but told that they cannot go inside to fight the fire or rescue the residents,” stated Florida PEER Director Jerry Phillips, a former enforcement attorney with DEP. “Unscrupulous ‘rip and skip’ operators know that inspectors cannot go into the work areas to see what is really going on – that is, in the unlikely event that there is an inspection at all.”

Florida is now relying almost entirely on industry self-reporting to detect asbestos violations. In addition, a series of post-hurricane emergency exemptions has allowed untold amounts of asbestos to be placed in public dumps without any containment to prevent exposing the public.

“Florida’s asbestos enforcement program has become a sick joke,” Phillips concluded, noting that unlike many states, Florida does not certify or track individual asbestos workers. As a consequence, the state has no idea how many workers are exposed to airborne asbestos or what happens to them.

Moreover, the U.S. Environmental Protection Agency exercises almost no oversight of Florida’s asbestos program despite significant federal funding. In a letter released to PEER, EPA admitted that it does not even monitor how Florida spends federal asbestos dollars.

Asbestos remains an extremely common construction material in Florida. Proper asbestos removal can be expensive. As a result, contractors who use cheap but dangerous methods can gain a large competitive edge on law-abiding competitors. Also, reliance on illegal immigrant laborers, who are unaware of asbestos danger or lack the legal means to protest when aware, is becoming increasingly common.

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Read the PEER report, “The Systematic Dismantling of the Asbestos Program in Florida”

View the letter from U.S. EPA admitting that it does not track federal asbestos funds in Florida