University of Montana Settles Daycare Asbestos Exposure Claims for $850k

What Happened at the University of Montana Daycare?

University staff first received a facilities complaint about a room in McGill Hall on November 19, 2018. However, no asbestos was found according to the university’s reporting. On December 12, 2018, a facilities technician began making routine repairs in McGill Hall. The worker found a white powder, and a second employee confirmed the powder was asbestos.

The university completed initial testing in the daycare classroom on January 19. The tests included an air sample and 2 wipe tests, which detect whether asbestos has settled. The university completed additional required tests on January 23 and 24. By January 28, the university had received the completed reports.

Leadership met to discuss a plan for the daycare center as soon as it received the reports. They decided to close the center but moved the children and staff to another building. University personnel notified parents at 6 p.m. that day.

On January 31, the university held a meeting for parents to discuss the incident. During the years of mediation before settling, parents heard concerning details. One parent told reporters that facility personnel described the situation as “piles of asbestos in the vents.”

What the Test Results Showed

Air testing detected chrysotile asbestos, the most common type, in one of two samples from the childcare area. The positive sample contained one asbestos fiber, producing a calculated concentration of 0.0025 fibers per cubic centimeter of air, which is below the Occupational Safety and Health Administration's (OSHA) workplace exposure limits.

There is no single federal safety limit for asbestos wipe tests, but the tests performed at the daycare found high asbestos levels. One wipe sample showed an estimated 110,000 asbestos-containing particles per square centimeter on the tested surface. For comparison, the university result was more than 20 times higher than the cleanup benchmark the Environmental Protection Agency (EPA) used in the Libby Superfund case.

Families Express Concerns About the McGill Asbestos

According to reporting, the parents said the university failed to inform them of the discovery early enough. The delay prevented them from making decisions in their best interests. Now, they must worry about making sure their children receive ongoing medical checkups.

The settlement provides financial help for medical monitoring, but it does little to ease fears. Parents told reporters they worry when their children develop lingering coughs. One stated they wonder if they should ask their child's doctor for an X-ray when this happens.

The university maintains it followed procedures, kept the families informed and continues to do so. University staff noted that professionals removed the damaged asbestos in McGill Hall. Staff also say they continue to monitor the other campus buildings.

What Does This Say About Asbestos in American Schools?

Asbestos in schools is a nationwide problem, with nearly half of all schools built between 1950 and 1969. That means many of them were built when asbestos use was common. In a 1984 study, the EPA determined nearly 35,000 primary and secondary schools posed an exposure risk. This could affect millions of students and school staff.

It’s important to note that the Asbestos Hazard Emergency Response Act requires schools to have an asbestos plan. The act requires school districts to inspect their buildings on a regular schedule. They must also commit to inspections every three years if asbestos-containing materials are found.

If your child’s school or daycare informs you of possible asbestos exposure, you may want to speak with an attorney. An experienced asbestos attorney can explain your legal rights and help you understand the next steps.