When you hear the term ‘safety equipment’—defects are likely not the first thing that come to mind. You buy a respirator that has supposedly been tested for use in toxic environments and marketed based on the strength of that, and you could quite understandably think you’re good to go.
Well, maybe not. It seems that old adage—all things are not created equal—also applies to respirators. And this is a particularly serious issue if you use a respirator for work around asbestos, or coal, or other toxic substances.
Because asbestos is so hazardous to human health—it’s known to cause several types of diseases including cancer—the federal government introduced laws mandating the use of respirators for people who work around the mineral. This might include asbestos miners, people who work with asbestos insulation and the manufacture of goods containing asbestos. The idea behind the law is that the respirators would prevent tiny airborne asbestos particles from entering a person’s lungs and possibly causing asbestosis and asbestos mesothelioma, which is usually fatal. So, all in all—respirators are pretty important pieces of ‘safety equipment.’
The problem is that some respirators have been found to have design defects that pretty much make them useless. Worse, the person wearing the respirator will have no way of knowing that the piece of equipment they are trusting with their life is not working properly. They may only find out when, years later, they are diagnosed with an asbestos-related disease.
And this is not an insignificant problem. Some estimates suggest that more than 84,000 lawsuits have been filed against 3M—a company that makes respirators—because the product failed to filter out asbestos particles. About a year ago—in April 2010—LawyersandSettlements.com interviewed Robert Rowland at the law firm Goldenberg Heller Antognoli & Rowland regarding asbestos litigation. They had been involved in defective respirator litigation, which had resulted in over $7.8 million in settlements for Illinois Coal Miners in claims against respirator manufacturers. They had also filed more than 250 asbestos lawsuits since 2008.
So who’s at risk? Asbestos is mainly used as an insulating material—it is a very effective fire retardant material, hence its use to insulate boilers, pipes, and fire doors; it’s used in roofing and many construction materials, and in electrical fittings. So, the types of work environments where you are most likely to encounter asbestos include mines, shipyards, railroads, power plants, and construction sites.
Workers who may be at risk for asbestos exposure include, but are not limited to:
Boiler and furnace technicians
Car mechanics (brake shoes)
Construction workers
Navy shipyard workers
Pipe fitters
Miners
Railway workers
Robert Rowland told LawyersandSettlements.com the following:
“Many of our clients are members of labor unions in various types of work such as refineries, power plants and steel mills; they built big department stores, grade schools, highways and bridges—all typical examples of people who have asbestos-related disease. Most of our clients are men over 60 years old. We also have represented women—wives and daughters—whose only connection to asbestos was washing their husband or father’s clothes. We bring a measure of hope to our clients, even those diagnosed with mesothelioma. We are able to take care of their families and relieve that pressure while they are battling the disease.
Who manufactures respirators?
Before you buy a respirator do some checking—find out what you can about the company’s safety record—because being informed could save your life.
If you to know more about asbestos—check out our Asbestos FAQ.