Asbestos Exposure – Did you Know?

June 25th, 2009. By LucyC

Earlier this week a company in Louisiana that ‘specializes’ in the management and maintenance of nursing homes was hit with a $112,000 fine for several alleged ‘wilful and serious’ violations of federal health and safety regulations. The violations related not to the direct care of seniors, but rather to that of employees who were charged with removing asbestos from a building site.

While the terms ‘wilful’ and ‘serious’ might sound melodramatic, or at the very least like legalspeak, the Occupational Health and Safety Administration (OSHA) has defined those terms in order to help protect peoples’ rights. For example, OSHA defines a wilful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Health and Safety Act.

And serious violations are issued when there is a substantial probability that death or serious injury and/or illness could occur from a hazard about which the employer knew or should have known as they relate to asbestos removal.

In the case involving Louisiana Health Care Consultants LLC, and two other related businesses, Dean Building Holdings, and Bob Dean Enterprises Inc., OSHA issued a total of 13 violations including “failing to monitor for asbestos materials, to utilize engineering controls to determine and minimize employee exposure to asbestos, to provide and ensure the use of personal protective equipment, to properly manage contaminated clothing and asbestos-containing waste, and to train employees engaged in the removal of asbestos.”

The story, reported in Occupational Health and Safety Online, is worrying, for a number of reasons. And, aside from the obvious question that comes to mind, which is ‘if this is how these businesses treat their employees, how well are the people in their nursing homes and residential facilities faring?’ there is the bigger question—and that is just how many people who work on construction sites around the country could be exposed to asbestos and not know it?

And, how many people are aware that there are laws and regulations designed to protect them against the long-term risks of developing asbestos-related illness such as mesothelioma?

The problem with asbestos mesothelioma is that it can take 30 years or more to manifest symptoms. Then what? The employer you worked for has gone out of business, and you or your family are stuck with thousands of dollars worth of medical expenses for an incurable illness you didn’t even know you were at risk for developing.

Unfortunately, this is usually the point at which most people choose to educate themselves. And that’s where the lawyers come in. There are lawyers who specialize solely in asbestos litigation—in helping victims of asbestos exposure get compensation for their suffering.

But it is possible to do something before the horse has bolted, so to speak. If you are working on a site and have suspicions or questions about asbestos exposure, or want to report a potentially dangerous situation, you can call OSHA’s hotline at 800-321-6742. Bottom line, these are your tax dollars at work—so make them work for you.

If you have been exposed to asbestos and want to find out what your legal rights are, contact a lawyer who specializes in asbestos litigation.

Tags: Asbestos, Asbestos Exposure, Asbestos Mesothelioma

This was posted on Thursday, June 25th, 2009 at 3:20 pm and is filed under Personal Injury . Feel free to respond, or trackback. Read our comments policy.