Asbestos is the name given to a group of naturally occurring minerals used in certain products, such as building materials and vehicle brakes, to resist heat and corrosion. Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these materials that have been chemically treated and/or altered.

What are the dangers of asbestos exposure to workers?

The inhalation of asbestos fibers by workers can cause serious diseases of the lungs and other organs that may not appear until years after the exposure has occurred. For instance, asbestosis can cause a buildup of scar-like tissue in the lungs and result in loss of lung function that often progresses to disability and death. Asbestos fibers associated with these health risks are too small to be seen with the naked eye, and smokers are at higher risk of developing some asbestos-related diseases.

Are you being exposed to asbestos?

General industry employees may be exposed to asbestos during the manufacture of asbestos-containing products or when performing brake and clutch repairs. In the construction industry, exposure occurs when workers disturb asbestos-containing materials during the renovation or demolition of buildings. Employees in the maritime environment also may be exposed when renovating or demolishing ships constructed with asbestos-containing materials. In addition, custodial workers may be exposed through contact with deteriorating asbestos-containing materials in buildings.

Are there any OSHA standards that cover workers exposed to asbestos?

Yes. The Occupational Safety and Health Administration (OSHA) has the following three standards to protect workers from exposure to asbestos in the workplace:

• 29 CFR 1926.1101 covers construction work, including alteration, repair, renovation, and demolition of structures containing asbestos.
• 29 CFR 1915.1001 covers asbestos exposure during work in shipyards.
• 29 CFR 1910.1001 applies to asbestos exposure in general industry, such as exposure during brake and clutch repair, custodial work, and manufacture of asbestos-containing products.

The standards for the construction and shipyard industries classify the hazards of asbestos work activities and prescribe particular requirements for each classification:

• Class I is the most potentially hazardous class of asbestos jobs and involves the removal of thermal system insulation and sprayed-on or troweled-on surfacing asbestos-containing materials or presumed asbestos-containing materials.
• Class II includes the removal of other types of asbestos-containing materials that are not thermal system insulation, such as resilient flooring and roofing materials containing asbestos.
• Class III focuses on repair and maintenance operations where asbestos-containing or presumed asbestos-containing materials are disturbed.
• Class IV pertains to custodial activities where employees clean up asbestos-containing waste and debris.

There are equivalent regulations in states with OSHA-approved state plans.

What are the permissible exposure limits for asbestos?

Employee exposure to asbestos must not exceed 0.1 fiber per cubic centimeter (f/cc) of air, averaged over an 8-hour work shift. Short-term exposure must also be limited to not more than 1 f/cc, averaged over 30 minutes. Rotation of employees to achieve compliance with either permissible exposure limit (PEL) is prohibited.

Are employers required to conduct exposure monitoring?

In construction and shipyard work, unless you are able to demonstrate that employee exposures will be below the PELs (a “negative exposure assessment”), you are generally required to conduct daily monitoring for workers in Class I and II regulated areas. For workers in other operations where exposures are expected to exceed one of the PELs, you must conduct periodic monitoring. In general industry, you must perform initial monitoring for workers who may be exposed above a PEL or above the excursion limit. You must conduct subsequent monitoring at reasonable intervals, and in no case at intervals greater than 6 months for employees exposed above a PEL.

Must employers create regulated areas?

You must create controlled zones known as regulated areas that are designed to protect employees where certain work with asbestos is performed. You must limit access to regulated areas to authorized persons who are wearing appropriate respiratory protection. You must also prohibit eating, smoking, drinking, chewing tobacco or gum, and applying cosmetics in these areas. You must display warning signs at each regulated area. In construction and shipyards, workers must perform Class I, II, and III asbestos work (and all otheroperations where asbestos concentrations may exceed a PEL) within regulated areas. In general industry, you must establish regulated areas wherever asbestos concentrations may exceed a PEL.

What compliance methods must employers use to control exposures?

You must control exposures to or below the PELs using engineering controls and work practices to the extent feasible. Where feasible engineering controls and work practices do not ensure worker protection at the exposure limits, you must reduce employee exposures to the lowest levels achievable and then supplement them with respiratory protection to meet the PELs. In construction and shipyards, each work classification has specific control method requirements. In general industry, specific controls are prescribed for brake and clutch repair work. For example, you must prohibit certain practices, such as the use of compressed air, to remove asbestos.

When are employers required to provide respiratory protection for workers?

You must provide and ensure the use of respirators when a PEL is exceeded. In construction and shipyards, you must require workers to use respirators when performing certain work. Generally, the level of exposure determines the type of respirator needed. In addition, the standards specify the type of respirator to be used for certain asbestos work. (See CFR 1910.134.) Employees must get respirator training and medical clearance to use respirators.

Are employers required to provide protective clothing for workers?

Yes. For any employee exposed to airborne concentrations of asbestos that exceed a PEL, you must provide and require the use of protective clothing such as coveralls or similar full-body clothing, head coverings, gloves, and foot coverings. You must provide face shields, vented goggles, or other appropriate protective equipment wherever the possibility of eye irritation exists and require workers to wear them.

Must employers provide hygiene facilities?

Yes. You must establish decontamination areas and hygiene practices for employees exposed above a PEL. In addition, employees may not smoke in work areas that might expose them to asbestos.

Do OSHA standards require employers to provide training?

Yes. In construction and shipyards, you must provide training for employees exposed above a PEL and for employees involved in each identified work classification. The specific training requirements depend upon the particular class of work being performed. In general industry, you must provide training to all employees exposed above a PEL. You must also provide asbestos awareness training to employees who perform housekeeping operations covered by the standard. You must place warning labels on all asbestos products, containers, and installed construction materials when feasible.

What are employers required to provide concerning medical examinations?

In construction and shipyards, you must provide medical examinations for workers who, for 30 or more days per year, engage in Class I, II, or III work or experience exposure above a PEL. In general industry, you must provide medical examinations for workers who are exposed above a PEL.

What are the recordkeeping requirements for asbestos exposures?

You must keep accurate records of the following:

• All measurements taken to monitor employee exposure to asbestos—30 years;
• Medical records, including physician’s written opinions—duration of the employee’s employment plus 30 years; and
• Training records—1 year beyond the last date of employment.

How can you get more information on safety and health?

OSHA has various publications, standards, technical assistance, and compliance tools to help you, and offers extensive assistance through workplace consultation, voluntary protection programs, grants, strategic partnerships, state plans, training, and education. OSHA’s Safety and Health Program Management Guidelines (Federal Register 54:3904-3916, January 26, 1989) detail elements critical to the development of a successful safety and health management system. This and other information are available on OSHA’s website.

Wrongful death lawsuits or claims are generally filed by family members or beneficiaries of the decedent. In some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided.  Other damages that may be recovered include:

• Expense associated with the death, e.g., medical and funeral.
• Lost benefits, such as insurance, from the death
• Loss of inheritance from an untimely death
• Pain, suffering or mental anguish suffered by the survivor of the decedent
• Loss of companionship, care or protection
• Punitive damages, intended to punish wrongdoers and prevent them from harming others

Spinal cord injuries can be severe and life altering. The leading causes of SCI vary by age. Among persons under age 65, automobile and other motor vehicle crashes are the leading cause. Among persons over 65, falls cause most SCIs. Other causes include:

• Workplace accidents
• Diving accidents
• Electric shock
• Bullet or stab wounds
• Extreme twisting of the trunk
• Sports injuries (landing on head)

Spinal cord injuries can be severe and life altering. Personal injury lawyers understand that your immediate goals after experiencing such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injuries.  Spinal cord injury attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.

In cases involving slip and fall accidents, generally plaintiffs must prove that the property owners either failed to maintain the property or created unsafe conditions which caused the injury, or knew about the dangerous premises or unsafe hazard but didn’t alert visitors or tenants to this fact.  Also important is whether or not the unsafe condition was permanent or temporary.  In instances where the condition was temporary, the length of time it existed may have bearing on your ability to prove your case.

• Machinery and tools
• Medicine and Drugs, e.g., Rezulin, Fen-Phen, Baycol, PPA, Vioxx, Celebrex, Bextra, Aleve, Bendectin, DES, Thalidomide, Accutane, Phentermine, Parlodel, Phenylpropanolamine, Oxycontin, Pyridostigmine Bromide and other prescription and non-prescription drugs
• Medical devices
• Food and tobacco
• Toxic chemicals and substances, such as pesticides and asbestos
• Firearms
• Autos and other motor vehicles, including trucks and motorcycles
• Automobile accessories such as tires, seat belts, airbags and child car seats
• Household products and appliances
• Toys and recreational equipment
• Clothing and apparel.

If you’ve had an incident with a product that caused an injury, or are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, it’s important that you contact a personal injury lawyer to learn about your rights under the law.

Injuries on properties can include those from:

• Slip and fall accidents
• Dog bites or maulings
• Exposure to toxic or hazardous substances such as lead or mold

In cases involving premises liability, plaintiffs must prove that the property owners either failed to maintain the property or created unsafe conditions which caused the injury, knew about the unsafe hazard but didn’t alert visitors or tenants to this fact, was not careful concerning unsafe conditions which might attract children, or took actions or neglected conditions that caused damage to a neighboring property.

A personal injury lawyer handles a variety of claims for clients, including those related to injuries from

• Automobile Accidents,
• Trucking Accidents,
• Use of Defective or Dangerous Products,
• Slip and Fall Accidents, and
• Wrongful Death

Injuries suffered as a result of these types of accidents can be severe and life altering.  Personal injury lawyers understand that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury.  Personal injury attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.

Sometimes residents of care facilities may sustain physical injuries from abuse, such as bruising. In other instances, neglect can cause dehydration and malnutrition or infections from untreated bedsores. If you believe someone is being neglected in a care facility, please call a personal injury lawyer.  There is a chance his or her fellow residents are also under threat from this neglect.

Medical malpractice lawyers handle a variety of medical malpractice claims, including those resulting from:

• Missed diagnoses
• Delayed diagnosis
• Lack of informed consent
• Anesthesia errors
• Surgical injuries
• Obstetric/labor and delivery surgical injuries
• Orthopedic surgical injuries
• Spinal cord stimulator injuries
• Improperly prescribed, dispensed or filled medication
• Improperly prescribed, dispensed or filled dosages of medication
• Unreasonable conduct of a physician or health care provider
• Patient neglect and nursing home abuse

Research suggests that the primary sources of lead exposure for most children are:

• deteriorating lead-based paint
• lead contaminated dust
• lead contaminated residential soil

Lead is even more dangerous to children than adults because babies and young children often put their hands and other objects in their mouths.  These objects can have lead dust on them.

If not detected early, children with high levels of lead in their bodies can suffer from:

• Damage to the brain and nervous system
• Behavior and learning problems (such as hyperactivity)
• Slowed growth
• Hearing problems
• Headaches

Lead is also harmful to adults. Adults can suffer from:

• Difficulties during pregnancy
• Other reproductive problems (in both men and women)
• High blood pressure
• Digestive problems
• Nerve disorders
• Memory and concentration problems
• Muscle and joint pain

If you or someone you love has been injured as a result of exposure to lead paint, a personal injury attorney may be able to assist you in determining whether you are entitled to monetary compensation for your injuries.