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Old 5/8/2009, 05:56 PM
Jon Katz Jon Katz is offline
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Default Former W.R. Grace Execs Off the Hook

Just read that three former W.R. Grace executives facing federal charges of knowingly exposing workers at a mine in Montana to asbestos have been acquitted. You can read the full Associated Press story here.

If you're not familiar with Grace, the company is a Columbia, Md., chemicals manufacturer that has faced more than 270,000 asbestos-related lawsuits, of which 120,000 have not been settled or dismissed.
Former IW Editor Patricia Panchak offered her insight in a 2001 editorial entitled: “W.R. Grace’s Disgrace.”

Here’s what she had to say about the conduct of former Grace executives in relation to their alleged knowledge of asbestos dangers:

“Grace justified -- and continues to justify -- its deception by saying it broke no law and met all government regulations, which is true. Full disclosure of contaminants did not become law until the early 1990s. Further, Grace helped convince the EPA to set asbestos limits at 1%, just above amounts found in Monokote, by claiming that the danger of small amounts had not been proven. However, just because it's legal doesn't make it right. Likewise, notifying the government of contamination does not absolve you from notifying your customers.”

Panchak continues, saying:

“The company called off research to determine safe levels. More troubling, Grace cannot certify that the amount of tremolite in Monokote met safe levels. Though Grace can cite some lab results showing very tiny amounts of tremolite, other results in their possession documented far higher asbestos levels. But companies should not make paternalistic decisions for their customers -- give them the information and let them decide.”

Panchak hits back even harder in her concluding paragraph:

“As for the executives who made the decision? I wonder how they can sleep at night, knowing their success was built not only upon lies, but upon lives -- those cut short or impaired by disease caused by exposure to the company's products.”

As for Grace’s position, company President and CEO Fred Festa offered the following canned statement shortly after the verdict:

“We at Grace are gratified by today’s verdict and thank the men and women of the jury who were open to hearing the facts. We always believed that Grace and its former executives had acted properly and that a jury would come to the same conclusion when confronted with the evidence.

“During the time that Grace owned and operated the mine in Libby, Montana, the company worked hard to keep the operations in compliance with the laws and standards of the day. Grace is committed to continually improving its environment, health and safety performance. We comply with all applicable laws, rules and regulations wherever we operate in the world. We are fortunate to have a group of dedicated employees who take their responsibilities seriously and care about the safety of our customers, their co-workers, their families and the communities in which they live.”
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