Asbestos exposure in the workplace is a serious occupational hazard with potential lifelong consequences. Employers are legally and morally obligated to protect their employees from this dangerous substance, which has been linked to many deadly diseases including mesothelioma, lung cancer and asbestosis. Understanding the risks and legal obligations, as well as the safety measures is essential for employers and employees alike to prevent exposure and make sure of a safe working environment.
This blog covers the key responsibilities employers have in preventing asbestos exposure at work, the health risks involved, and the safety rules they must follow. We’ll also look at how employees can report issues and what steps to take if exposed. This information is for educational purposes only and does not constitute legal advice.
Types of Workplaces That Require Asbestos Protection
Asbestos was widely used in various industries due to its heat resistance, insulation properties, and durability. Unfortunately, the health risks associated with asbestos exposure were not fully understood until decades later. Some industries still remain at high risk for asbestos exposure and this requires strict safety measures to prevent harm. These industries include:
- Construction: Asbestos was commonly used in building materials such as insulation, roofing, flooring and tiles. Construction workers, particularly those involved in demolition or renovation of older buildings, are at a significantly higher risk of exposure.
- Shipbuilding: Asbestos was used extensively in shipyards, particularly for insulation and fireproofing. Workers who maintain, repair, or are involved in decommissioning ships are considered vulnerable.
- Manufacturing: Industries like automotive, power plants, and steel mills used asbestos in products like brake pads, gaskets, and insulation. Renovation of these cars or buildings can expose you to asbestos.
- Mining: Workers in the mining of asbestos or other minerals that contain asbestos are at high risk.
- HVAC & Plumbing: Technicians working with pipes, ductwork, or insulation often encounter asbestos in older buildings or machinery.
Health Risks Associated With Asbestos Exposure
Asbestos exposure can lead to serious health issues, often showing up years or decades later. It can cause mesothelioma, asbestosis and other cancers such as in the larynx, ovaries, and digestive system. Non-cancerous conditions like pleural plaques can cause breathing problems and chest pain. Early diagnosis is crucial since symptoms often don’t appear until much later.
Who Is Responsible for Managing Asbestos Risk in the Workplace?
Employers have the primary responsibility for managing and mitigating the risks of asbestos exposure in the workplace. This includes ensuring that proper safety protocols are in place and that workers are trained to handle asbestos safely. Employers also have to ensure the workplace complies with all relevant regulations. Employers must take the following steps:
- Conduct Risk Assessments: Identify areas of the workplace where asbestos exposure is possible, especially in older buildings or machinery.
- Provide Personal Protective Equipment (PPE): Employees must be provided with appropriate PPE, such as respirators, to reduce exposure when handling asbestos.
- Implement Safe Work Practices: Establish protocols for working with asbestos-containing materials, including wetting asbestos to prevent dust, using proper ventilation and restricting access to hazardous areas.
- Ensure Proper Disposal: Asbestos-containing materials must be disposed of following strict guidelines to prevent environmental contamination.
Rules, Regulations, and Standards
The Occupational Safety and Health Administration (OSHA) is the primary federal agency overseeing workplace safety in the United States. OSHA has rules and standards to protect workers from asbestos exposure and ensure a safe working environment for everyone:
- OSHA’s Asbestos Standard: OSHA has set permissible exposure limits (PELs) for asbestos in the workplace and requires employers to monitor asbestos levels regularly. Employers must implement controls, provide correct PPE and train employees on the dangers of asbestos.
- National Institute for Occupational Safety and Health (NIOSH): NIOSH provides guidelines for controlling asbestos exposure and carries out research on asbestos-related health risks.
- Environmental Protection Agency (EPA): The EPA regulates asbestos in the environment, including air, water and waste management. The agency enforces laws that require proper handling and disposal of asbestos-containing materials.
Federal and State Laws
Several federal and state laws govern asbestos safety and employer responsibilities. Key legislation includes the Asbestos Hazard Emergency Response Act (AHERA). This federal law requires schools to inspect and manage asbestos-containing materials to protect students and staff from exposure. Then there is the Toxic Substances Control Act (TSCA). TSCA grants the Environmental Protection Agency authority to regulate asbestos and restrict its use in certain products. Many states have additional regulations regarding asbestos exposure in the workplace. Employers must be aware of both federal and state-level requirements to ensure full compliance.
Compliance and Ensuring Safety
To ensure a safe workplace, employers must not only comply with OSHA and EPA standards but it is also their job to actively monitor for non-compliance. Compliance should be a continuous process that includes:
- Regular Inspections and Risk Assessments: Employers should conduct routine inspections to identify areas where asbestos exposure could occur.
- Employee Training and Education: Workers should be educated about the risks of asbestos, how to identify materials that may contain it and the proper use of protective equipment.
- Record Keeping: Employers must maintain records of asbestos inspections, exposure assessments and employee training.
If workers notice non-compliance with asbestos safety standards, they have the right to report the issue. Employees can contact OSHA to file a complaint, and OSHA will investigate the matter. Employers cannot retaliate against employees who report safety violations.
What to Do If You’ve Been Exposed
If you suspect that you’ve been exposed to asbestos in the workplace, it is essential to take action:
- Seek Medical Attention: Early detection of asbestos-related diseases can improve treatment outcomes. If you have symptoms like persistent coughing, shortness of breath, or chest pain, see a doctor.
- Report the Incident: Notify your employer of the exposure. If they do not take appropriate action, you can report it to OSHA.
- Consult with an Asbestos Lawyer: If you have been diagnosed with an asbestos-related illness, you may be entitled to compensation due to negligence by your employer. Choosing an experienced asbestos lawyer who can help you file a mesothelioma claim or pursue other legal avenues for compensation is crucial.
Contact Shrader & Associates L.L.P. Today!
Asbestos exposure in the workplace is a preventable risk, and employers have a clear legal responsibility to protect their employees. By adhering to OSHA regulations, conducting proper training, and providing protective measures, employers can prevent exposure and safeguard the health of their workers.
If you or a loved one has been affected by asbestos exposure, it’s essential to consult with an experienced attorney who specializes in asbestos-related cases. At Shrader & Associates, our legal team has the knowledge and resources to help victims of asbestos exposure seek justice and obtain the compensation they deserve. Learn more about asbestos exposure services and get the legal support you need today.