The Law of Mesothelioma
According to the current US law, employees working with hazardous material have the right to a safe work environment which includes protective equipment and proper training in handling such material.
In a case where an employee is affected by work related hazards whether caused directly (e.g. - working with toxic material) or indirectly (e.g. - substance was present at the work place) he/she has the right to sue the responsible party to claim damages.
Mesothelioma law allows people who were exposed to asbestos to file lawsuits against the liable company or individuals. These laws are designed to protect workers, the general public and the environment from the potentially toxic effects of asbestos.
Although scientists published numerous research papers regarding the hazards of asbestos exposure from as early as the 1930s, the awareness of the general public occurred in the 1960s. However large companies continued to manufacture and use asbestos despite these associated health risks.
Majority of people with mesothelioma have been employed in industries where they have inhaled asbestos for a long period of time. As mentioned above, asbestos manufacturers were well aware of the hazardous effects of asbestos exposure but remained ignorant and failed to provide employees with the proper safety measures against asbestos exposure. Due to the unethical actions of companies people began to file lawsuits against the manufacturers of asbestosis.
The very first asbestos related lawsuit was filed in 1929 and was settled after both parties came to a mutual agreement. Since then there has been many of law suits filed against asbestos manufacturers. Many people with mesothelioma have claimed millions of dollars as a result of mesothelioma laws.
A person who has acquired mesothelioma due to asbestos exposure (also known as the plaintiff) can file a lawsuit to claim compensation from the liable company or individual (or the defendant) within the deadline determined by the statute of limitations.
The time period within which a person with mesothelioma should file a lawsuit is known as the statute of limitation. This time period usually begins from the day a patient has been diagnosed with mesothelioma. This time period usually varies from state to state but usually a plaintiff has up to 3 years to file a lawsuit.
There are several legal options available depending on the individual case,
1.If you are one of the several people with mesothelioma, a class action may be a suitable option. Since there is more than one plaintiff, a strong case can be filed against the defendant but the disadvantage of this type of legal action is that a person may receive a lower payment as compensation because the compensation has to be divided among all plaintiffs named in the lawsuit.
2.If there is a strong case, living victims can file individual lawsuits (a personel injury claim).
3.Family members of the diseased mesothelioma patient can also file a wrongful death lawsuit against the responsible parties.
The damages covered by compensation usually include:
◦Medical costs
◦Loss of income
◦Pain and suffering
◦Lost wages
◦Group support for you and your loved ones
◦Travel expenses relating to medical treatment
◦Expenses not covered by health insurance
◦Legal expenses
Occupational Safety and Health Administration (OSHA) recommendations for workers exposed to asbestos are as follows;
Occupational Safety and Health Administration (OSHA) has issued the following three asbestos standards for the protection of workers exposed to asbestos in their 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.
According to the exposure of asbestos in standard construction and shipyard work, 4 classes have been developed:
•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
Each class has particular requirements.
Some of the standards required when working in an environment with asbestos exposure are as follows:
Permissible exposure limits for asbestosis
◦Employees must not be exposed to asbestos in excess of 0.1 fiber per cubic centimeter (f/cc) of air averaged over an 8 hour work shift
◦In short term exposure the limit should not exceed 1 f/cc, averaged over 30 minutes
◦Rotation of employees to achieve compliance with either permissible exposure limit (PEL) is prohibited.
Exposure monitoring by employers
•Generally in construction and shipyard work, daily monitoring of exposure levels for workers in class I and II regulated areas has been recommended unless the employer can demonstrate that the exposure will be below the limits of PELs (a “negative exposure assessment”).
•Periodic monitoring should be conducted on employees in other operations where the exposure is expected to surpass the limits of PELs
•Initial monitoring for workers in general industry who might be exposed above a PEL or above the excursion limit
•Subsequent monitoring should be conducted at reasonable intervals and in cases where exposed above a PEL the interval should be less than 6 months.
Controlled zones in the work place
•There should be a controlled zones identified as regulated areas where certain work with asbestos is performed
•Access to these areas should be restricted to authorized persons wearing appropriate respiratory protection
•There should be warning signs displayed at each regulated areas
•In construction and shipyards, class I, II & III asbestos work and all the other work where PEL levels exceeds the limits should be performed in these regulated areas.
•In general industry, regulated areas should be established in areas where asbestos concentration may exceed a PEL
Control of exposure in the work place
•Feasible engineering controls and work practices should be used to control exposure to or below the PELs
•In places where this is not achievable, exposure should be reduced to the lowest levels possible and then supplement the employees with respiratory protection to meet the PELs
Respiratory protectors and protective clothing
•Respirators should be provided when the PEL exceed the normal limit
•Workers should get a medical clearance and training about respirator use
•Protective clothing such as coveralls or similar full-body clothing, head coverings gloves, and foot coverings should be provided to employees who are exposed to airborn concentration of asbestos that exceeds PELs
•Face shields vented goggles, or other appropriate protective for protection against eye irritation if exist
Hygiene facilities
•For employees exposed above a PEL there should be hygiene practices and decontamination areas.
Training for the employees
•In construction and shipyards, training for all the workers exposed above a PEL and for employees involved in each identified work classification should be provided
•In general industry, to all employees exposed above a PEL.
•There should be warning labels on all asbestos products, containers, and installed construction materials when feasible.
Medical examination
•In construction and shipyards, 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, for workers who are exposed above a PEL
Record keeping in asbestos exposure
•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;
•Training records—1 year beyond the last date of employment
Reference: U.S. Department of Labor, Occupational Safety and Health Administration 2002.
