Preventing Mesothelioma: The Importance of Asbestos Abatement and Proper Workplace Safety Protocols

Mesothelioma is a rare form of cancer that is directly linked to exposure to asbestos fibers. Asbestos is a naturally occurring mineral that was once commonly used in building materials, such as insulation, roofing, and flooring. When disturbed, asbestos fibers become airborne and can be inhaled, causing severe damage to the lungs and leading to mesothelioma. Although the use of asbestos has been largely banned in many countries, it still exists in older buildings and industrial settings. As such, it is essential to prevent exposure to asbestos through proper asbestos abatement and workplace safety protocols.

Asbestos Abatement: What Is It?

Asbestos abatement refers to the process of identifying, removing, and disposing of asbestos-containing materials from buildings and other structures. This process is essential because asbestos fibers pose a significant health hazard when they become airborne and are inhaled. Asbestos abatement is a highly specialized process that requires trained professionals to identify and remove asbestos safely.

Employer Duty of Care

Employers have a legal duty of care to provide a safe working environment for their employees, which includes protecting them from exposure to hazardous substances like asbestos. This duty of care requires employers to:

• Identify hazards: Employers must identify any hazards that may be present in the workplace, including the presence of ACMs. This requires a thorough assessment of the workplace and any materials that may contain asbestos.
• Implement controls: Once hazards have been identified, employers must implement controls to eliminate or minimize the risk of exposure. This may include removing ACMs or implementing engineering controls and work practices to prevent the release of asbestos fibers.
• Provide training: Employers must provide training to employees who may come into contact with ACMs, including information on the health hazards associated with asbestos and safe work practices to minimize exposure.

Cases in the United States Involving Employers' Failure to Do Proper Asbestos Abatement

There have been several high-profile cases in the 21st century where employers have failed to prevent asbestos transmission to their employees. These cases highlight the importance of proper asbestos abatement and workplace safety protocols. Here are three examples:

1. Beverly Brown v. Georgia-Pacific LLC (2016)

In this case, the plaintiff worked at a Georgia-Pacific plant, where she was exposed to asbestos on a regular basis. The plaintiff alleged that Georgia-Pacific was negligent in failing to warn her about the dangers of asbestos and failing to provide her with appropriate safety equipment. The court ruled in favor of the plaintiff and awarded her $25 million in damages.

2. W.R. Grace and Company

W.R. Grace and Company was a US-based chemicals and materials company that manufactured asbestos-containing products. In 2005, the company filed for bankruptcy due to a large number of asbestos-related claims against them. Many of the claims were from former employees who had developed mesothelioma as a result of exposure to asbestos fibers. In this case, the court ruled that W.R. Grace and Company failed in their duty of care to their employees by not providing adequate protection against asbestos exposure.

3. Daniel Kauffman v. Honeywell International Inc. (2018)

In this case, the plaintiff worked as a boiler technician and was exposed to asbestos while working on Honeywell boilers. The plaintiff alleged that Honeywell was negligent in failing to warn him about the dangers of asbestos and failing to provide him with appropriate safety equipment. The court ruled in favor of the plaintiff and awarded him $5.2 million in damages.

How Can an Asbestos / Mesothelioma Attorney Help?

Filing a claim against an employer for failure to protect their employee can be daunting and confusing. It requires gathering extensive documentation and providing evidence of exposure to asbestos. An asbestos/mesothelioma attorney can provide valuable assistance to victims. We can help gather the necessary documentation and pursue other legal options if necessary. The Throneberry Law Group is a nationwide mesothelioma law group that has extensive experience representing victims of asbestos exposure. The firm is dedicated to helping victims, and their families get the compensation they deserve. We offer a free consultation to victims and their families to help them understand their legal rights and options. Contacts us now. Time may be running out, and we want to help.

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