Monterey Co. prosecutors settle suit with Salinas nursing home over asbestos violations

Monterey County prosecutors have settled a lawsuit with a Salinas nursing home and contractors over asbestos violations.

The owners and operators of Windsor Gardens and a management company have reached a total settlement of $225,000 with the District Attorney’s Environmental Protection Unit.

The settlement is with regards to violations that occurred at the facility in 2012.

Prosecutors filed the suit against Windsor Gardens, which operates the facility, S&F Management Company, which oversaw the renovation, and The Stahl Companies, the general contractor for the renovation work. The defendants relied on an incomplete “operations and maintenance” report, rather than a full survey for renovation purposes.

Conducting a thorough asbestos survey, as required by law, would have shown that wallboard from patient rooms contained asbestos. Because a proper survey was not conducted, the companies failed to notify the Monterey Bay Area Unified Air Pollution Control District and Cal-OSHA of the asbestos work prior to the renovations, and proper asbestos handling methods required to protect worker health and safety were not followed.

Prosecutors said that because the workers weren’t practicing safeguards to minimize and control asbestos exposure, asbestos fibers were emitted during the project. Exposure to the substance can increase the risk of developing lung cancer and other respiratory illnesses.

In addition to the settlement of $225,000 that Windsor Gardens and S&F must pay, the Stahl Company will pay a settlement of $70,435 in civil penalties and costs.

This is the second asbestos case at a Monterey County nursing home managed by S&F. In 2011, Windsor Monterey Care Center, LLC and S&F paid $110,000 in civil penalties and costs to settle violations committed during a 2009 renovation project at the Windsor facility located in Monterey.