What to do if your workplace is not abiding by asbestos regulations
Date Posted: July 29, 2011
Today, workplace concerns about asbestos generally arise during re-construction, demolition, or removal of asbestos containing materials. When disturbed, asbestos becomes friable—easily crushed into dust—and exposure to airborne asbestos fibers puts workers at risk for serious health conditions.
Mesothelioma is the most severe and deadly asbestos-related disease. No medical cure for mesothelioma exists at this time, and consequently, numerous asbestos regulations govern the workplace to keep workers safe.
Federal, state, and local governments coordinate and heavily regulate removal and disposal of asbestos containing materials. For example, in 2006 the New York State Department of Labor amended its asbestos regulations to conform to existing federal regulations under the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA).
OSHA guarantees workers certain rights
The OSHA website section on Employee Workplace Rights provides detailed information to help workers understand their rights and the actions they can take under the Occupational Safety and Health Act (OSA) of 1970. Some rights include the right to:
- Request an OSHA inspection if you suspect hazardous conditions or violations of standards
- Observe the monitoring or measurement of hazardous materials and see the results
- Object to an OSHA timeframe set to correct a violation
- Submit a written request to OSHA and have your name withheld from your employer about whether the employer’s hazardous substance use can have a potential toxic effect
- File a written complaint to OSHA and have your name withheld from your employer
- Receive advisement from OSHA about their actions regarding a complaint and to request review of any decision not to inspect or issue a citation
- Be free from whistleblower discrimination or punishment for refusal to work under conditions that risk serious injury or death
Through OSA, workers can take an active role in their own safety. Especially in instances of retaliation, consulting an attorney may be helpful.
For families and workers potentially exposed to asbestos, taking a proactive stand against safety regulation violations is an important step in protecting yourself and others against horrendous fatal diseases like mesothelioma. Should the need ever arise, such actions can also provide a law firm with evidence that their mesothelioma lawyers may find useful in a settlement or lawsuit.