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4 Keys to Protecting Your Company from Asbestos Lawsuits in 2017

Written by Contributor, on 22nd Sep 2017. Posted in General

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Hillshire Brands Company, now known as Tyson Foods, was found liable for nearly $13 million by an Alameda County civil jury last month in an asbestos mesothelioma lawsuit. The suit stemmed from operations in the 1950s, when Lopez lived in the town of Betteravia, adjacent to a sugar plant that used asbestos insulation while refining sugar into beet products for Hillshire. Lopez’ grandfather and father worked at the plant, which closed twice a year for maintenance, with workers removing asbestos using hand tools during these periods. The asbestos was sometimes fed into a grinder and reused as stucco. Lopez died of mesothelioma in July 2015. After four hours of deliberation, the jury found Hillshire Brands solely responsible for Lopez’s death. Hillshire is appealing the verdict.

It’s not uncommon for this type of mesothelioma lawsuit to cost companies millions of dollars in settlements. It’s in your company’s best interests to take all possible measures to avoid asbestos claims. Here are four keys to protecting your company from asbestos lawsuits.

Be Aware of Asbestos Risks

Asbestos fibers can enter the body through inhalation or swallowing. Once inside, they can remain there permanently. Health consequences can include lung cancer, mesothelioma, scarred lungs, pneumonia and gastrointestinal cancer. No level of asbestos exposure is safe.

Occupational exposure is the top cause of asbestos-related disease, according to the Mesothelioma Center. Workers who come into contact with building materials in the construction industry are at the highest risk, including insulators, carpenters, roofers, plumbers and electricians. Shipyard workers, power plant workers, oil refinery workers, steel mill workers, factory workers, auto mechanics and firefighters also have higher than average incidents of asbestos exposure. Approximately half a million employees work directly with asbestos, according to OSHA. Millions more are affected by working or living near areas with high concentrations of asbestos. Workers can also affect their families with bringing asbestos fibers home on their clothes or body.

Research Your Responsibilities

Federal asbestos laws and regulations promise all workers the right to safe and healthy working conditions. Employers are responsible for taking steps to mitigate asbestos risks in the workplace. Building and facility owners are also responsible for protecting workers. Steps employers must take include applying engineering controls, following safe operational procedures, supplying training and protective equipment, displaying warning posters, monitoring asbestos levels and conducting medical monitoring.

Through these measures, employers must minimize asbestos exposure so that over the course of an eight-hour work shift, workers are not exposed to an average of over a tenth of an asbestos fiber of length exceeding five micrometers per cubic centimeter of air (0.1 f/cc). Over a 30-minute period, workers must not be exposed to an average of more than 1 f/cc of airborne asbestos.

Workers who are exposed to asbestos in concentrations exceeding these levels must be placed under medical monitoring as a precaution. Employees assigned to work in environments where above-average levels of asbestos have been detected must receive pre-placement and follow-up medical exams. Employers must maintain medical records of workers for 30 years in the event that symptoms show up later.

Know Where to Go for Help

Federal asbestos regulations are comprehensive and complicated, and special training is needed to apply them effectively. To help employers, OSHA provides small and medium-sized businesses with free and confidential advice through an On-site Consultation Program. You can find an OSHA consultant near you by visiting the agency’s website or by calling 1-800-321-6742 (OSHA).

Keep up with Current Asbestos Law Updates

The complex laws and regulations impacting asbestos litigation are in constant flux, and it’s important to keep up with the latest changes. For instance, Congress is currently considering the Fairness in Class Litigation Act, which seeks to place certain restrictions on class action lawsuits involving asbestos and other claims. Proposed changes to the Affordable Health Care Act could also affect asbestos claims.

You can keep up with the latest developments in asbestos litigation by visiting websites of law firms that specialize in this area. The American Tort Reform Association also provides updates on asbestos-related news on its Asbestos Litigation Watch website.

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