ZCMI Fails to Inform Employees and Customers About Asbestos Contamination

After investors decided to construct the Provo Towne Centre, the University Mall in Orem grew very concerned that it would lose business. ZCMI, a subsidiary of the Mormon Church, became very concerned that it would lose customers. In response, the city of Orem, without a public vote, decided to use millions of taxpayer's dollars to renovate ZCMI. Provo Towne Centre cried foul, arguing that the spending of public tax dollars on a private enterprise was not only unjust but was also interference in fair competition. Orem officials argued that it was necessary to spend public monies in order to prevent Orem from losing the tax revenues from loss of sales.

As the renovation of ZCMI began it was discovered that there was asbestos in the ventilation system. The amount of asbestos was especially high on the third floor where they sell electronics and furniture. As a result, ZCMI had to seal off part of the third floor with plastic, put in a temporary ventilation system, and sell all their furniture at "discount rates" because of the asbestos contamination.

A few days after the above, I was buying a Valentine gift for my wife at ZCMI and I was told to go to the third floor to get it gift-wrapped. While getting the gift wrapped, I asked the ZCMI employee how she felt about working in an asbestos contaminated store. She had no idea what I was talking about. When she asked another employee about the asbestos contamination, the employee said that yesterday she had heard that something of that nature had been reported on the nightly news. I asked whether ZCMI management had informed its employees about the asbestos risk and they said that they had not been informed.

The gift-wrapping employee was disturbed that she had not been informed of the asbestos and had not been given the choice to decide whether to submit herself to the asbestos related risks, however large or small those risks were. She wondered if she should be wearing a breathing filter. I then looked around to see if there were any warning signs for customers. There were no warning signs.

Later that week my wife and I heard that ZCMI was selling their furniture at discounted rates. We went to the third floor of ZCMI to see if we could get a "good deal" on some of the asbestos contaminated furniture. We talked to a sales person who was eager to sell us furniture but at no time did she inform us that the furniture was contaminated with asbestos. Needless to say, we left without a purchase.

A few weeks after this incident, I asked on of my students to contact ZCMI to find out about the status of the asbestos contamination. When she tried to talk to someone at ZCMI about the asbestos problem she was informed that the person whom she needed to talk to was not available.