Asbestos Exposure and Mesothelioma Risks on New York and New Jersey Construction Sites
Asbestos, a once-popular building material, is still in countless New York and New Jersey structures. When disturbed, its microscopic fibers can embed in your lungs, leading to devastating health consequences years or decades later.
As a construction worker who has been exposed to asbestos and is now experiencing health issues, you may have many questions and concerns. This guide will provide essential information about asbestos exposure, health risks, and legal options.
What Is Asbestos and Where Is It Found?
Asbestos is a naturally occurring mineral that was widely used in construction for its fire-resistant properties and durability. Since 1989, the Environmental Protection Agency (EPA) has banned most asbestos use, but it remains present in many older buildings. In New York and New Jersey construction sites, asbestos can be found in:
- Insulation. Commonly used in attics, walls, and around pipes, asbestos insulation poses a significant risk when disturbed during renovations or demolitions.
- Flooring materials. Vinyl tiles and adhesives often contained asbestos, making floor removal potentially hazardous.
- Roofing products. Asbestos was frequently used in roofing shingles and felt.
- Cement products. Asbestos-cement pipes and sheets were popular in construction and could release fibers when cut or damaged.
- Fireproofing materials. Spray-on fireproofing in older buildings often contains asbestos, which can become airborne during maintenance or renovation work.
The Health Risks of Asbestos Exposure
Asbestos-related illnesses have a long latency period. Symptoms may not appear for 20 to 50 years after asbestos exposure, making it crucial for construction workers to understand the potential health risks, including:
Mesothelioma
Mesothelioma, an aggressive cancer affecting the lining of the lungs, chest, or abdomen, is almost exclusively caused by asbestos exposure. This rare but devastating disease often has a poor prognosis, with symptoms appearing decades after initial exposure.
Asbestosis
Asbestosis occurs when asbestos fibers cause lung scarring, leading to breathing difficulties and reduced lung function. This progressive condition can severely impact quality of life and increase the risk of other respiratory illnesses.
Lung Cancer
While smoking is the primary cause of lung cancer, asbestos exposure significantly increases the risk, especially for smokers. The combination of smoking and asbestos exposure creates a synergistic effect, multiplying the danger of developing lung cancer.
Other Respiratory Issues
Asbestos exposure can also lead to pleural plaques, pleural thickening, and chronic obstructive pulmonary disease (COPD), all of which can impact respiratory function and overall health.
New York and Federal Regulations: Protecting Workers from Asbestos
Understanding the laws and regulations surrounding asbestos is crucial for workers and employers in the construction industry. New York State and federal regulations work together to protect workers from asbestos exposure. Below are some laws and regulations that may apply in New York asbestos illness cases.
New York Labor Law Section 241(10)
New York Labor Law Section 241 requires most property owners and contractors to survey for the presence of asbestos before the demolition of any building on which construction started before 1974. If asbestos is present, it must be abated, remediated, or removed before demolition work can begin.
New York Industrial Code
12 NYCRR Part 56, also known as Rule 56 Asbestos, regulates the handling of asbestos that could result in the release of asbestos fibers. The purpose of the law is to reduce asbestos-related health risks by:
- Requiring appropriate training and certification of employers, supervisors, and workers who work on asbestos projects
- Requiring the licensing of asbestos contractors
- Setting forth standards and procedures that shall be followed when removing, enclosing, encapsulating, repairing, or disturbing friable or non-friable asbestos or handling asbestos or asbestos materials in a manner that may result in the release of asbestos fiber
- Requiring notification of the Department of Labor before beginning large asbestos projects
- Requiring asbestos surveys
- Setting forth record-keeping and reporting requirements for asbestos contractors
- Establishing inspection and enforcement procedures
OSHA Asbestos Standards
The Occupational Safety and Health Administration (OSHA) has established strict standards for asbestos work in construction. These include:
- Permissible exposure limits
- Training requirements
- Respiratory protection
EPA Asbestos NESHAP
The Environmental Protection Agency's National Emission Standards for Hazardous Air Pollutants (NESHAP) also regulates the removal and disposal of asbestos-containing materials during demolition and renovation projects.
Protecting Yourself: Proper PPE and Medical Monitoring
When working in environments where asbestos exposure is possible, proper personal protective equipment (PPE) is essential. You should be provided with
- Respirators. NIOSH-approved respirators with HEPA filters are crucial for preventing inhalation of asbestos fibers.
- Disposable coveralls. Full-body, disposable coveralls help prevent asbestos fibers from contaminating clothing and skin.
- Gloves and eye protection. These items provide additional protection against asbestos fibers.
Regular medical monitoring is also critical for workers exposed to asbestos. This may include:
- Baseline chest X-rays to establish a reference point for future comparisons
- Pulmonary function tests to assess lung capacity and function over time
- Regular check-ups to monitor for any signs of asbestos-related illnesses
Legal Options for Asbestos-Related Illnesses
If you've been diagnosed with an asbestos-related illness due to workplace exposure, you have legal options. The New York and New Jersey construction injury lawyers at Hofmann & Schweitzer can explore all your legal options, including the intricacies of workers' compensation claims, third-party lawsuits, and asbestos trust fund claims, to ensure you receive the compensation you deserve.
