Asbestos Casts Gloom Over Courthouse

Dusk is settling over Judge Richard Hanscom’s courtroom, and it’s not a pretty sight. One by one, the light bulbs in the ceiling panels that illuminate Department 4 of the San Diego Municipal Court have been burning out, gradually shrouding the jurors, lawyers and defendants who meet there in a gathering gloom.

“We haven’t gotten to the point of bringing in lamps or candles, but it’s noticeably dimmer in here,” Hanscom said recently as he surveyed the gloaming.

Weeks ago, the judge summoned maintenance workers to replace the lights, but no one responded. Recently he found out why: Asbestos lurks in the crawl space above the ceiling tiles, and workers have been barred from doing anything that might dislodge the material, which is hazardous if inhaled in dust form.

Stalled Indefinitely

Dwindling light is only one of the myriad troubles engendered by the discovery late last year that the aging downtown courthouse--like many other buildings of its vintage--is infested with asbestos, popular in the 1960s as an insulation material because of its remarkable fire-retardant qualities.

Projects at the courthouse, ranging from office remodelings to the installation of computer and telephone systems, have been stalled indefinitely by the state Occupational Safety and Health Administration, which has restricted such work until the asbestos is either removed, encapsulated or found to pose no health threat.

Besides the operational headaches, the courthouse staff is on edge. Clerks, court reporters, marshals and even some judges say the asbestos problem has made working in an already stressful environment even more nerve-racking.

“We haven’t had a mutiny yet, but the staff members are definitely anxious,” Presiding Superior Court Judge Michael Greer said. “They have a right to be.”

Last month, the county Board of Supervisors authorized funds for a $100,000 survey to determine how much asbestos is in the 663,000-square-foot courthouse and to develop training programs for maintenance employees who may work near the material.

Lengthy Process

The assessment alone could take as long as three months. And, if removal, repair or encasing of any asbestos is warranted, resolution of the problem could take still longer, county officials said.

Meanwhile, employees at the courthouse are restless--and skeptical of the county’s claims that it considers the situation a priority. Worried that their health could be the price of what some view as bureaucratic foot-dragging, these workers have formed a committee to press for action. A representative of the Police Officers Assn., whose members spend long hours in courtrooms testifying as witnesses, has joined the cause.

“I believe I’ve been sitting in here breathing asbestos dust off and on for over two years, and I’m extremely concerned about it,” said Cynthia Vandervort, a court reporter and committee member. “I think our purpose is to serve as a sort of watchdog to make sure the county acts on this immediately.”

The trouble at 220 W. Broadway erupted Oct. 12, when a janitor found that a chunk of material resembling asbestos had tumbled into a rooftop ventilation unit that breathes air into more than a dozen courtrooms.

Officials with the county’s Environmental Health Services Department were notified immediately, and tests confirmed that the material did contain asbestos, which was banned in 1979 and is known to cause asbestosis, lung cancer and a rare form of cancer called mesotheliomia.

Because of concerns that the unit may have pumped asbestos fibers into the courtrooms, air samples were taken. Results of those tests were negative, but asbestos fibers were found in another set of samples taken from dust on bookcases and other furniture in two courtrooms, according to Larry Marshall, chief of the county’s Occupational and Radiological Health Division.

Also Found in Carpeting

“Apparently, this surface contamination had occurred because maintenance activity scraped asbestos material in the ceiling, causing it to drop down,” Marshall said.

Asbestos was also detected in the carpeting, but Marshall said that was not a concern because carpet acts like a magnet, trapping the hazardous fibers in a grip not even a vacuum cleaner can break.

As news of the discovery spread, nervous employees began to telephone Cal-OSHA authorities, expressing concern about their safety. A series of inspections confirmed the county’s findings, and state officials found the situation serious enough to issue a “yellow tag” citation, prohibiting work that might dislodge more asbestos.

“In one courtroom, we found that asbestos material had been flaking down from the ceiling, and that the spillage had not been cleaned up properly,” said Richard Stephens, a Cal-OSHA spokesman in San Francisco. “We’re not saying that there is a particular danger to the public in using the building. But we don’t want workers going in those crawl spaces unless it is absolutely necessary.”

County officials call the citation--symbolized by a diamond-shaped yellow tag hanging from the ceiling in Department 11 of Superior Court--an excessive measure. Under the order, only emergency work can be performed, and the county must first obtain permission from Cal-OSHA.

“We thought it was a bit of an overkill,” Marshall said. “Technically, this citation means there’s an imminent hazard to life and health and could result in death. That’s just not true.”

‘Seems Rather Excessive’

Marshall said research shows that most deaths from asbestos occur only after repeated, high-level exposure to the mineral over 15 to 40 years.

“Considering we can’t even change a light bulb, it just seems rather excessive,” Marshall said.

Administrators of both the Municipal and Superior courts say the citation has made keeping up with day-to-day maintenance all but impossible.

“We’re basically at a standstill here in terms of getting anything done,” Presiding Municipal Judge E. Mac Amos said.

So far, the lighting problem has mostly been an amusing oddity spurring courthouse humorists to suggest alternative forms of illumination. Kenneth Martone, assistant executive officer of Superior Court, had perhaps the most creative idea on that front: miners’ helmets.

In addition to Hanscom’s courtroom, several other departments and judges’ chambers are now falling victim to a descending twilight. Some clerks say doing paper work is becoming a strain on the eyes. And Municipal Judge Raymond Edwards recently became the first to adorn the bench in his gloomy courtroom with a lamp.

‘Getting Pretty Dark’

“It’s getting pretty dark in here, and it’s a pain because I have to do a lot of reading of files and so forth,” Superior Court Judge Bernard Revak said of his chambers, which have just one small window. “But you’re not going to get me up there changing a light bulb.”

Kent Pedersen, chief administrator of Municipal Court, said he is unable to string cable for computers already purchased for use by judges in courtrooms and in chambers.

“We have the money and the contractor to finally get these computers in so judges can have access to the records of criminal defendants at their fingertips, but this requires ceiling work, and we’re not allowed to do that,” Pedersen said.

The same obstacle is holding up already budgeted remodeling projects and installation of telephone equipment, Pedersen said.

Although such problems are irksome, many courthouse workers have something more troubling on their mind: the toll they fear the asbestos may be taking on their health. Despite assurances from the county that there is no current threat to employees or anyone else who uses the courthouse, some skeptics aren’t so sure.

“I have this orange tag hanging over my head that says ‘Danger’ in big letters, and it really makes you wonder about the environment we’re working in,” said court reporter Vandervort, who works in Department 11 of Superior Court, where the asbestos dust was found on the bookshelf. “I won’t let my son come in here. I think the public should know about this.”

Judge Barbara Gamer, who presides over Department 11, echoed those concerns and said a “wipe-down” of her courtroom by “men in white suits with breathing apparatus” did not ease her mind.

“If they found asbestos in the dust, common sense would tell you it is in the air, and that’s not very reassuring,” Gamer said. “Our lights are dimming . . . but what I’m concerned about is that they are asking us to work in an atmosphere that may be dangerous to our health, and I think that is asking too much.”

Jurors, the judge said, “don’t know anything about this, and frankly I’m afraid to tell them. We impose so much on our jurors already that I hate to say, ‘And by the way, there’s this asbestos problem . . . ‘ “ Gamer said.

In addition to the danger sign hanging from the ceiling, Gamer said, a golf ball-size chunk of asbestos-laden material is “hanging down over the jury box. They told me it wasn’t a violation as long as it’s still hanging. I guess it doesn’t become a violation until it falls on a juror’s head.”

Marshall said that, although the piece does not pose a health hazard, he agrees “it shouldn’t be there” and has directed that it be removed.

Although sympathetic to the employees’ concerns, Marshall said his surveys indicate there is no health threat as long as the asbestos is intact. When the courthouse was built in 1961, the material was sprayed on structural steel to prevent the beams from melting in a fire and causing the building to collapse.

Need a Hammer and Chisel

“It is really hard stuff--it would take a hammer and chisel to get it off,” Marshall said. “It’s only a problem if it is in poor repair and begins flaking.”

Indeed, the building survey approved by the supervisors may lead officials to conclude that leaving the asbestos alone--and monitoring its condition closely--is the best remedial option.

“In most cases, if it’s in good shape it’s best to leave it, because removing it can cause worse problems,” Marshall said.

Whether that would satisfy Cal-OSHA and lead to removal of the yellow tag is unclear. Stephens, the agency spokesman, said “it’s too early to tell what the story is and what will be required to abate the problem.”

One thing is clear, however. The downtown courthouse is not the only public building blighted by the disease-causing material. Already, officials have learned that the Kearny Mesa traffic and small claims court facility has asbestos fireproofing. And Marshall said it is probable that some of the other 850 county-occupied buildings do as well.

The trouble is, a staff shortage has so far made inspection of all those buildings impossible, meaning the county is unaware of the extent of the problem.

“We’ve got two inspectors, and we’re responsible for ensuring compliance with all Cal-OSHA guidelines, not just asbestos,” Marshall said. “What we will ultimately need is an overall approach for dealing with all these buildings.”

That is exactly the route another county--Los Angeles--is taking toward resolution of its asbestos problem, which resembles but is far more extensive than San Diego’s.

Bill Allen, deputy director of facilities management for Los Angeles County, said the 19-story courthouse there is one of many buildings plagued by asbestos. Allen said he estimates that merely surveying the extent of asbestos in the 1,800 public buildings now in use will cost upward of $10 million.

In the meantime, Los Angeles County has sent its maintenance employees to a training program that certified them to work in areas contaminated with asbestos.

In San Diego, a new state law that becomes effective July 1 will likely bring increased pressure for a comprehensive asbestos abatement plan. The law requires officials to inform employees if their building contains asbestos and likewise to tell them if a survey of the problem has not been conducted.