Whole Foods Takes Legal Action Amid Asbestos Scare

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News Summary

Whole Foods has filed a lawsuit against CBL Properties and Transformco due to an asbestos scare at its Greensboro location that required temporary closure.

Whole Foods Takes Legal Action Amid Asbestos Scare

Whole Foods has filed a lawsuit against CBL Properties and Transformco, following a significant asbestos issue that forced the closure of its location on West Friendly Avenue in Greensboro for several weeks in 2023. This development raises concerns about the risks associated with asbestos and construction work in proximity to occupied commercial spaces.

The Nature of the Lawsuit

In its lawsuit, Whole Foods alleges that both CBL-Friendly and Transformco breached contractual obligations by failing to adequately prevent asbestos contamination at the store during ongoing demolition and reconstruction activities related to the adjacent old Sears building. The contract provided by CBL-Friendly to DH Griffin outlined the responsibilities for demolition and construction around the “Main Sears Building.” However, Whole Foods claims that these responsibilities were not sufficiently adhered to, ultimately resulting in a hazardous environment within its store.

Asbestos Abatement and Monitoring

As part of the demolition operations, CBL-Friendly hired an industrial hygienist to install asbestos monitors inside the Whole Foods store, acknowledging the potential risk of asbestos migration. This was a proactive measure aimed at protecting employees and customers from the dangers posed by asbestos, a substance known to significantly increase the risk of severe lung diseases.

Unfortunately, on August 31 and September 6 of 2023, pressure washing conducted by DARI, the subcontractor responsible for asbestos abatement, led to a water leak entering the Whole Foods establishment. This alarming incident allegedly allowed asbestos dust to infiltrate the store, a situation that Whole Foods remained unaware of at the time.

The Discovery of Asbestos

In a troubling twist, investigations revealed that DARI had not properly removed asbestos-containing materials from an area near the store’s ceiling, allowing for potential exposure during the demolition work. Compounding the issue, the vibrations from the demolition were discovered to have displaced the remaining asbestos material, creating an immediate risk for customers and employees alike.

On September 11, asbestos was detected in the Whole Foods store for the first time, sparking urgent concerns. CBL-Friendly received notification the following day, while Whole Foods was only informed three days later about the contamination. On September 20, after weighing the risks, the industrial hygienist advised that the store should be temporarily closed to facilitate thorough cleaning and ensure the safety of all personnel and customers.

Impact on Business

The closure was a significant setback for Whole Foods, as operations were disrupted, resulting in considerable profit losses. Whole Foods was required to dispose of a large amount of perishable inventory due to this unexpected closure, further emphasizing the operational impacts of asbestos, which is not just a health risk but also a business nightmare.

The store was closed until October 4, 2023, with Whole Foods seeking damages in excess of $1 million from CBL Properties and Transformco. The financial ramifications of this incident are expected to be profound, affecting not only the company’s profits but also its reputation for prioritizing customer safety.

Looking Ahead

After addressing the dangerous asbestos issues in collaboration with trained professionals, Whole Foods has confirmed plans to reopen its Greensboro location on Thursday at 8 a.m. The company emphasized its commitment to ensuring customer and employee safety during this process. Meanwhile, all employees were compensated for their scheduled shifts during the closure, showcasing a commitment to support their workforce amid challenging circumstances.

This incident serves as a grim reminder of the long-standing risks associated with asbestos, a material historically used in construction but now heavily regulated due to its detrimental health effects. As the legal proceedings unfold, the focus will remain on the safety protocols in place for future demolition projects, especially those occurring near public spaces.