Asbestos Abatement Part 3: Air Monitor Report

I expected the air reports to make it in my email inbox that night, but only received the invoice asking me to pay the $500 (not surprised). I called the air monitor and was told he was busy and didn't have time to send the reports that he already has. So I waited the following day, Friday, I called again, nothing, not ready yet. I finally received it Saturday, I didn't have anyone go to the basement until I received the report. There were two pages to the report, before and during abatement. Both looked good, below regulations as was told but something was off. The fiber count were both the same before and after, surely it has be different. I called in and asked but was told, "All you have to look at is the column to the right, as you can see it's below the threshold." The report you see below is the background sample I received, the second one is exactly the same except a change in Lab ID and sample type.

Fraudulent air sample report

For the next few days, those reports haunted me, I felt something was really wrong with it. So I had to get to work and investigate. This is what I did to resolve my problem.

1. I called the lab to verify the reports. And to my dismay, the reports were fraudulent! fingers were shaking, I started thinking of my children who were in my home, it would be my fault if they inhaled any fibers that might still be there. I awaited for the lab supervisor to send me a statement that the reports were not theirs and that they were manipulated.
2. Once I received the statement from the lab, I called a lawyer, which I'm lucky enough to have access to, and received great advice.
3. On the advice of the lawyer I called the licensor, NYS Department of Labor to file a complaint. (the lawyer also mentioned that due to the nature of the case, it might also be filed under the Attorney General as a criminal fraud act.
4. After I built my case, I had a conference call with the lab and the air monitor. It turned out the air monitor did in fact submitted the samples but the lab did not process the reports because he did not pay the lab and actually owed them. The air monitor apologized to the lab and myself. After the call ended, I called the lab and as a good gesture to my sad experience the lab technician checked the samples and gave me the results verbally that they were negative but obviously could not release the reports.
5. I called the air monitor and told him that the complaint was filed against him and that he should refund my $500 and also cover my cost of investigative air sampling for my peace of mind. I gave him less than a week for the check to be on my hands or I file criminal charges.
6. I called a company that does air sampling and scheduled an appointment that Saturday. The invoice came to $695 for a TEM air test with a 48hr turnaround.
7. The following midweek, I did not received the check, I called him and he states that the check was already mailed. Fast forward after a few more back-and-forth conversation, I finally receive the check after a 1 1/2 weeks for $1195.
8. The TEM sample resulted in 1 structure of chrysotile asbestos, now I know what's really down there. A single structure from an hour of air sample to me was acceptable. To verify that this result was authentic, I called the lab directly and had them email me the results.

Back to normal...

I put my protective gear on and I mopped, wiped and vacuumed the basement floor with a HEPA filtered shopvac using wet pickup. After everything dried up I moved everything back into its place. I kept the HEPA air purifier running and till this day it is still running on the lowest setting just to be safe.

Continue reading...Asbestos Abatement Part 4: Conclusion