Occupational Safety Records are a critical piece of evidence in any asbestos lawsuit, as they provide an unquestionable paper trail connecting workplace exposure to an illness.
This documentation can prove absolutely vital in proving the link to the illness in court, as most victims are dealing with exposure from decades ago, where memories have long faded, and companies have since dissolved.
In this guide, you’ll learn how OSHA and asbestos are critical to your case and how to recover the documentation.
Why OSHA and Asbestos Are So Important in Personal Injury Lawsuits
Mesothelioma is a common cause of asbestos exposure. But due to its long latency, it often isn’t diagnosed until 20 to 50 years later. Over that time, evidence and expert witnesses can disappear.
Thankfully, OSHA (Occupational Safety and Health Administration) mandates the retention of air monitoring data and medical surveillance logs for 30 years for this exact reason.
OSHA records serve as a forensic timeline, revealing exactly when asbestos hazards were present and exposing employers for their negligence.
The detail in these documents is precise. For example, air sample records should show the exact measurement of unsafe fiber levels (e.g., above 0.1 f/cc PEL). There may also be logs that reveal inadequate warnings and other violations. Our team uses all this, along with union files and FOIA warnings, to prove specific duties that were breached.
As a result, we gain very strong evidence of the true cause of mesothelioma, which can dramatically shift the legal presumptions of your case.
Even punitive damages can come into play, sending a message that behavior like this won’t be tolerated (in addition to compensation).
Establishing Exposure & Causation with OSHA Records:
Site investigations
Site investigations can reveal evidence that an employee worked around asbestos, even if the site is long gone.
For example, blueprints or maintenance logs can reveal the materials used in buildings. OSHA asbestos reports from the time can further pinpoint the exposure, as they would have documented air samples.
Exposure Monitoring Data
OSHA retains asbestos exposure documentation, such as breathing zone sampling, for 30 years, covering the latency of mesothelioma diagnosis.
One of those records is the Permissible Exposure Limit (PEL). PEL sets a maximum allowable concentration of asbestos in the air over an 8-hour shift. If that was exceeded, there is proof that you were exposed to unsafe air despite the employer knowing about it.
Product Identification
If you were around products used on-site that contained asbestos, they will likely be listed in Safety Data Sheets and purchase orders. This was very common in products such as gaskets and insulation.
Timeline Reconstruction
To verify the true extent of your exposure, we can review payrolls, union cards, and other relevant documents, along with monitoring data, to confirm your presence.
Proving Negligence and Duty of Care with OSHA Records:
If you’re new to how personal injury cases work, here’s a quick rundown of what’s necessary:
Causation:
Proving causation in mesothelioma cases requires establishing a causal link between the exposure and the injury. This is relatively straightforward in asbestos cases, as its link to disease is very well known.
However, to show that you were actually exposed to thatwill require proof. Air sampling and medical records can build this link and show a clear pattern between the time you were employed and the time when exposure was recorded at your workplace.
Negligence:
You must then show that the employer breached a ‘duty of care’ to protect you. OSHA asbestos
violations and failures to warn are strong evidence of this, linking an employer or manufacturer’s inactions to your illness. Records often reveal repeated violations and cover-ups that can be very powerful evidence in a mesothelioma lawsuit.
For example, OSHA citations may reveal:
- PELs exceeded
- Monitoring skipped
- Repeat fines
- Missed training records
- Failure to warn of asbestos risks
- Unprovided PPE (such as respirators)
- A failure to inform workers of the exposure
If there were no such records retained for 30 years, this would qualify as non-compliance, which is straight-up negligence. This may also link to internal knowledge, such as:
- Internal memos
- Executive communication about cover-ups
- Prioritization of profits over safety
Damages:
Finally, you must prove the cost the negligence has had on you.
Occupational safety reports can be used to quantify the extent of the damage and calculate the true monetary value of the harm caused to the victim. Vague claims won’t cut it, but concrete data will.
OSHA records detailing the duration and amount of exposure can be used to support medical records and prove the level of exposure. Then, your lawyer will work to construct the true extent of your damages, such as the impact on your career earnings, medical bills, and even non-economic suffering like the pain and suffering your family has endured.
What Records Are Required for an Asbestos Lawsuit?
Our asbestos exposure attorneys consider the following OSHA asbestos exposure documentation as essential in an asbestos lawsuit:
- OSHA Inspection Reports that detail air quality tests and safety certifications.
- Safety Data Sheets (SDS/MSDS) that identify asbestos in products.
- Training logs that document a lack of asbestos awareness
- Union documents that record working conditions, safety concerns, and exposure timeliness.
- Employment records, such as payrolls, W-2s, and job site assignments.
- OSHA-mandated medical exam records and medical surveillance records.
How Shrader & Associates, L.L.P. Investigates Your Case:
At Shrader & Associates, L.L.P., we help victims receive the settlements they deserve for their asbestos exposure.
Our resources, experience, and expertise in asbestos cases allow us to work methodically. We can find and cross-reference OSHA reports, union records, and company files to build a timeline of exposure.
This detailed approach leaves room for courts to question your case and maximizes the chances of securing compensation that can help your family adapt as best as possible.
We welcome you to a free consultation today. Feel free to contact us at 866-262-8170 or via our online contact form.
FAQs on Occupational Safety Records in Asbestos Claims
Can I still file a lawsuit if my former employer no longer exists?
Yes. Asbestos trust fund laws were established in the 1980s, meaning funds are available to former employees after the companies went bankrupt.
How far back can OSHA records be obtained?
Many OSHA records can be found dating back 30 or more years, due to mandated retention periods.
Can family members use these records in wrongful death claims?
Yes, absolutely. Occupational safety records can be used to prove that the negligence of an employee contributed to the victim’s death.
What if I worked at multiple job sites with asbestos exposure?
You can make multi-defendant asbestos lawsuits and joint liability claims. In fact, OSHA logs and employment history can help reconstruct an exact timeline of your exposure.