The dangers of asbestos exposure and its devastating health impacts, such as mesothelioma, lung cancer, and asbestosis, have shaped workplace safety standards and toxic tort litigation across the United States.

While the Occupational Safety and Health Administration (OSHA), established to implement the Occupational Safety and Health Act (OSH Act) of 1970, has been instrumental in regulating asbestos exposure in the workplace, many have questioned whether OSHA has done enough to protect asbestos workers. This article explores OSHA’s role and its influence on asbestos litigation.

OSHA Asbestos Regulations for Workplace Safety

Enacted in the early 1970s, OSHA sets standards for asbestos in the fields of construction, maritime, and general industry. These standards define permissible exposure limits (PELs) for asbestos in the workplace, monitor exposure, list prohibited activities, ensure workers are provided protective clothing and equipment, and are supposed to ensure employers are compliant.

Through these regulations, OSHA aims to protect workers from asbestos-related illnesses while setting a baseline for compliance in workplace safety. OSHA provides the following.

  • Assessment and Monitoring – Employers must assess the workplace to determine if asbestos is present, and monitoring is necessary to detect asbestos exposure.
  • Protective Measures – Proper personal protective equipment (PPE) must be provided and used properly. When appropriate, employers are required to use engineering controls and work practices to reduce exposure.
  • Employee Training – Employers must educate workers about the risks of asbestos exposure and proper safety protocols, and it must be in a language they understand. The three types of training are Awareness Training, Special O&M (operations and maintenance) Training, and Abatement Worker Training.

OSHA’s Role in Asbestos Litigation

OSHA’s enactment played an undeniable and pivotal role in the early days of asbestos litigation. Early efforts were critical in getting the ball rolling toward protecting America’s workers from the dangers of asbestos. For example, OSHA hearings and investigations in the 1970s brought to light that employers knowingly withheld pneumoconiosis test results from asbestos workers. These were an OSHA hearing regarding Bethlehem Steel in Baltimore, Maryland, an OSHA medical record review of a DuPont plant in New Jersey, and a Westinghouse Plant in Pennsylvania.

But OSHA’s rules and regulations could not simply be passed, enacted, and enforced quickly. OSHA’s “due process” rules too often acted to protect corporate interests. Corporate America exercised its power directly upon OSHA, showing up in force to standard-setting hearings, such as the asbestos PEL in the early 1970s, and objecting vociferously to any tightening of restrictions on harmful asbestos exposures and asbestos warnings to employees.

The end result? Well-intentioned rules/standards were watered down, and important warnings were soft-pedaled or not required at all. In 1983, OSHA admitted that too many times, as with asbestos, exposure limits were far too lenient, saying that employers “might have to be 20 years behind the times” to be in violation of workplace asbestos exposure standards. Case in point—it took 10 years, from 1976 to 1986, for OSHA’s asbestos PEL to be lowered, keeping the limit inexcusably higher than it ever should have been.

Too often, OSHA asbestos standards were not vigorously enforced or were not enforced at all. Penalties were put off for years while appellate rights were exercised, and the financial penalties levied barely amounted to a slap on the proverbial corporate wrist.

Know Your Rights Under OSHA

Despite these challenges, federal law does entitle you to a reasonably safe workplace. Your employer must keep your workplace free of known health and safety hazards. You have the right to:

  • be protected from toxic chemicals.
  • get workplace safety and health training.
  • receive required safety equipment.
  • refuse to work in a situation in which you’d be exposed to a hazard.
  • report an injury or illness and get copies of your medical records.
  • request an OSHA inspection and speak to an inspector.
  • review records of work-related injuries and illnesses.
  • see results of tests taken to find workplace hazards.
  • speak up about hazards without fear of retaliation.
  • work on machines that are safe.

File a Complaint With OSHA

If you believe your working conditions are unsafe or hazardous to health, you can file a confidential complaint with OSHA and request an inspection.

File an OSHA Whistleblower Complaint

Employers are prohibited by law from retaliating against workers who file complaints with OSHA and use their legal rights. Actions of retaliation include firing, demoting, or transferring employees. If you believe you have been retaliated against, you can file a whistleblower complaint within 30 days.

Reasons to File an Asbestos or Mesothelioma Lawsuit

For decades, companies manufacturing and using asbestos products knowingly put their employees at risk. Evidence of the dangers of asbestos emerged as early as the early 20th century, yet manufacturers worked to conceal the mineral’s harmful effects, prioritizing profits over public safety.

Even brief exposure to asbestos can lead to mesothelioma, a deadly cancer that most commonly affects the lining of the lungs (pleural lining) or stomach (peritoneal lining). Prolonged exposure significantly increases the likelihood of developing other serious health conditions, including:

  • asbestosis, a chronic lung disease caused by inhaling asbestos fibers.
  • colorectal cancer, which refers to cancer that develops in the colon or rectum.
  • esophageal cancer, a growth of malignant (cancerous) cells that starts in the esophagus, the tube that connects your throat to your stomach.
  • laryngeal cancer, a disease in which malignant cells form in the tissues of the larynx (voice box).
  • lung cancer, which develops in the tissue of the lung itself (the lung parenchyma).

Meet With Experienced Attorneys at The O’Brien Law Firm

Since 2000, the O’Brien Law Firm has provided legal help for individuals and their families diagnosed with asbestos disease.

Our experienced attorneys will:

  • meet you in person for a free case evaluation.
  • examine and research your exposure to products and job sites to determine the appropriate defendants to pursue.
  • file all possible claims, typically within a few weeks of meeting you and determining the liable parties.
  • secure all necessary evidence implicating defendants.
  • maximize recovery for you by negotiating settlements or trying your case to verdict.

When you’re ready to get started, schedule your free case evaluation by contacting us online or calling us at (314) 588-0558!