Elk City, Oklahoma, Officials Found Guilty of Endangering Inmates

Two officials of an Oklahoma city were found guilty of negligently allowing the release of asbestos into the environment and endangering the lives of the inmates doing the removal. The inmates were not provided legally required protective clothing nor were proper removal procedures followed. The verdict came after the officials were acquitted of more serious charges of compelling the inmates to work in such conditions, a felony crime. Negligent endangerment is a lesser misdemeanor for which the officials will be sentenced shortly.

Elk City Manager, Guy R. Hilton Jr., and a building superintendent, Chick Arthur Little, used a crew of state inmates to clean up renovation debris from a railroad depot built in the early 1900's. The work crew consisted of inmates from the Elk City Work Center, who received a small monthly stipend for their labor. John C. Richter, United States Attorney for the Western District of Oklahoma, says the officials neglected their duty by allowing the public to be exposed to the dangerous substance and took advantage of inmate labor. He emphasized that these kinds of cases are central to the DOJ's efforts to enforce environmental laws that are meant to protect every citizen.

Hylton's attorny, Mack Martin, states the officials did not know the building contained asbestos and is pleased with the lesser charges. However, he does not rule out appealing the conviction. Hylton faces up ton one year in prison and a fine of up to $100,000. Little could receive five years in prison and a fine of up to $250,000. Chick Little was additionally convicted of one felony count of lying to Department of Environmental Quality officials regarding disposal of the debris. Little falsely stated the waste was placed in a permitted landfill. While that was not the case, neither defendants were found guilty of illegal dumping of the asbestos containing material.

Asbestos exposure is a serious concern because it is a carcinogen to which exposure can cause lung cancer, mesothelioma, and asbestosis. The inmates were exposed to tiny airborne fibers when the material was torn or damaged. The fibers are small enough to reach the lungs, where the asbestos does its damage. Because abiding by the EPA's requirements for asbestos removal is costly, there have been many cases of unscrupulous contractors using laborers without protection. These laborers usually do not know the risks or their rights regarding asbestos involved demolition or removal. As recently as August 1, a Virginia man was convicted of paying homeless men to remove asbestos without any kind of protective measures.

Sources:

http://yosemite.epa.gov/opa/admpress.nsf/3dcd568e448fb35e852572a000658eed/dd492bac70eb53738525733e005d3d87!OpenDocument
http://www.tulsaworld.com/news/article.aspx?articleID=070820_1__OKLAH60523
http://yosemite.epa.gov/opa/admpress.nsf/3dcd568e448fb35e852572a000658eed/813a44d1f23d25798525732a0062942d!OpenDocument