Whistleblower Charges Retaliation (Chief-Leader) E-mail

Whistleblower Charges Retaliation: Say DOE Ignores Asbestos

By MEREDITH KOLODNER

A Steamfitter who repeatedly reported asbestos in city schools has been re-assigned to a warehouse in Queens where his job is to sweep the floors.

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Photo by The Chief-Leader/Michel Friang

ASSIGNED TO DESK DUTY: Steamfitter John Kielbasa, who has worked for the Department of Education for 22 years, has been removed from the schools and assigned to sweep floors in a warehouse. He believes he is being punished for reporting numerous cases of hazardous asbestos. 'How can they label me a troublemaker if I'm bringing something important to people's awareness?' he asked.

John Kielbasa was warned in writing by his supervisor at the Department of Education that speaking to the press and not following "the proper chain of command" could result in his termination. But the 22-year veteran of the school system claims that the DOE is allowing unsafe conditions to persist in the schools and that his own personal health has been compromised by the presence of asbestos.

"I would write up a job and they'd tell me it was taken care of," said Mr. Kielbasa, 50. "I would climb back in there, and I would get contaminated again."

DOE: Schools Are Safe

DOE officials assert that the schools at issue do not pose health hazards. "We rely on our custodial trades-people to be our eyes and to report anything out of place," said DOE spokeswoman Margie Feinberg. "When an area has a problem, we check that the material is intact. If there is any damage, we follow city, state and Federal protocols for abatement."

Ms. Feinberg said she could not comment on why Mr. Kielbasa was taken out of the schools because it was a personnel matter.

Mr. Kielbasa has filed dozens of asbestos reports in the past year about schools in Manhattan and The Bronx where he was working. He said he reported what he believed to be dangerous asbestos in classrooms, cafeterias, near ventilation ducts and in boiler rooms. He says sometimes the location has been cleaned up, but that more often he returns to a site and finds no action has been taken. Ms. Feinberg said she could not estimate how long it took between reports and inspections, adding that the DOE handled them "as quickly and thoroughly as possible."

City tradesworkers attend a workshop once a year to train them in "asbestos awareness," so they can identify and report possible asbestos. If properly contained, asbestos does not pose a health hazard. But if asbestos becomes airborne, it can cause cancers and pulmonary diseases that can be fatal. It is especially dangerous for children.

Told UFT, Got Reprimand

In 1986, Congress passed the Asbestos Hazard Emergency Response Act (AHERA), which among other things requires school authorities to regularly check asbestos levels. Each school has an AHERA book that lists known asbestos locations and keeps track of its removal or containment.

DOE Supervisor of Mechanics Angelo Landriscina sent Mr. Kielbasa a letter on June 5 reprimanding him for talking to a United Federation of Teachers chapter leader in Samuel Gompers High School about friable, or loose, asbestos he found earlier this year. Mr. Kielbasa admits he spoke to the UFT representative after he filed his report. "They're working in the school. Why shouldn't they know about it?" he asked. He said the day after the UFT complained, the asbestos was remediated.

His last school-based job was at South Bronx High School in May. When he arrived at the site, Mr. Kielbasa asked to look at the AHERA book, but he said no one was able to find it. His Plant Manager pulled him out of the school, and he has been sweeping floors ever since.

Ms. Feinberg said that air tests taken at sites identified by Mr. Kielbasa have shown that the air quality was at acceptable levels and not hazardous. But asbestos experts say that any amount of the substance poses a threat if there is the possibility that it can become airborne, and that removal standards are not based on air tests.

"Any friable asbestos poses a threat to children," said Claire Barnett, executive director of the New York-based Healthy Schools Network. "It's always a problem, and it can be very hard in old buildings to understand where the problems are."

Co-Workers Frightened

Mr. Kielbasa has now joined a study at Mount Sinai Hospital that is tracking the health of custodial and school workers and symptoms related to asbestos exposure. "I'm showing the early signs," he said. "I don't have scarring, but my airways and passageways are starting to close."

The Steamfitter said he is speaking out because he has seen co-workers, who he says are worried they will be penalized, work in conditions he believes are hazardous.

Since his assignment to the Queens Area Shop he has faxed the DOE five reports of possible asbestos in the building that he believes is not contained properly. Last week the fax machine in his work area was disconnected.

"I keep asking them when can I go back to the schools," he said, "and they keep saying they really need me in the office to sweep the floors."

 http://www.thechief-leader.com/news/2007/0629/news/005.html

 

 
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