TPR/April CharltonSigns and netting warn the public to avoid an area where asbestos-laden pipes were dug up on The Pike project.

ARROYO GRANDE -- Construction work has resumed on The Pike, but only in certain areas.

Last week, Judge Jeffrey Burke lifted the temporary restraining order he issued Aug. 7 that brought rehabilitation work on The Pike to a complete halt last week.

The restraining order was issued after San Luis Obispo-based attorney James McKiernan filed a class action lawsuit against the project contractor, Souza Construction, on behalf of Grover Beach resident Michael Gosnell.

The suit charges the construction firm improperly handled and disposed of cement pipes containing asbestos that were unearthed during a phase of the rehabilitation project at the corner of Elm Street and The Pike.

Because the project spans 2.5 miles, Burke ruled that Souza can resume work as long as the construction crew doesn't come within 100 yards of the areas where the cement pipes containing asbestos were allegedly handled improperly.

Gosnell is a certified asbestos supervisor who lives four blocks away from the site.

McKiernan said after Gosnell watched the project proceed for the first few days, he realized that the workers were handling pipes that contained asbestos but weren't following state or federal regulations with regards to the handling.

"(Michael Gosnell) went to state and local agencies with his concerns ... but it fell on a deaf ear," McKiernan said about Gosnell hiring a lawyer. "He was attracted to this not as a busybody."

The attorney said Gosnell was concerned about his health and that of his grandson, who was staying with him when the asbestos fibers were allegedly released into the atmosphere.

McKiernan added that Gosnell was also concerned about the health of his neighbors and the construction workers, who were also potentially exposed to the fibers.

"The only way to get (that bureaucratic) attention is to go after the man on the street," he said. "Souza was the guy with the shovel in the dirt. We're not necessarily saying they're the bad guys ... but we thought the rest of the project would be handled in the same manner."

The lawsuit charges Souza Construction didn't follow established rules that must legally be adhered to when dealing with asbestos, something that McKiernan said isn't that complex.

He said when Burke heard arguments in the case yesterday, Souza's legal counsel contended the construction firm wasn't aware that the crew would be dealing with asbestos and didn't commit any violations at the site.

"Contractors know in any commercial project that (asbestos) is one of the ingredients," McKiernan added. "Just because you can't see (the asbestos) doesn't mean that it's not there."

Asbestos fibers that are inhaled can cause serious diseases of the lungs and other organs that usually don't appear until 10 to 40 years after exposure.

The fibers are causally linked to lung cancer and mesothelioma -- a fatal disease that affects people's ability to breathe and eventually suffocates them.

County Health Officer Greg Thomas said if asbestos fibers are inhaled at a high level of concentration, "the body has a hard time getting rid of and handling the fibers."

"Exposure is a concentration issue. As the fibers get dispersed in the air, the concentration levels fall because of the dispersement," Thomas added.

The doctor wouldn't comment on whether the residents in the immediate vicinity of the project area have a greater risk of getting cancer, but he did say "it depends on the number and type of fibers released and the area of distribution."

He referred the majority of questions to the Air Pollution Control District, which has jurisdiction over asbestos matters. APCD staff couldn't answer questions because of the pending litigation.

However, Thomas did say that "in general, the people working at the site are most at risk because they're working the closest (to the asbestos)."

Although he's not representing Souza workers who were involved with the work at Elm and The Pike, McKiernan said "the Souza guys were guinea pigs."

McKiernan is asking that Burke require Souza to hire a certified asbestos consultant to oversee, inspect and investigate the work that's been done at Elm and The Pike, with no work resuming at the four-corner intersection until the consultant gives the site a clean bill of health.

Once work resumes on the entire project, the lawyer is also asking Burke to rule that Souza must comply with all state, federal and local laws, in particular the California Construction Safety Orders, relating to the handling of asbestos.

"(My argument) is that the stuff has already been buried, so let's err on the side of the safety of the public," McKiernan said.

In addition, McKiernan wants Souza to pay restitution to Gosnell for lost wages and expenses, as well as reasonable attorney fees and costs, if Burke rules in Gosnell's favor.

Burke took the case into submission yesterday after parties pleaded their cases. A ruling hadn't been issued as of press time.

Staff writer April Charlton can be reached at (805) 489-4206, Ext. 5016, or by e-mail at acharlton@pulitzer.net.

Copyright (c) 2002