The U.S. Department of Labor’s Bureau of Labor Statistics keeps track of on-the-job injuries and fatalities across various industries. Their research shows that up to 1000 construction workers are killed and 150,000 are injured yearly.
These statistics, although dire, are not surprising given the nature of construction work. It is easy to assume that accidents involving heavy equipment and the job site would cause most construction worker injuries. But the truth is that exposure to toxic substances is a top cause of injury and death in the construction industry.
What is a Toxic Substance?
Toxic or dangerous substances on a construction site come in various forms; many are not visible to the naked eye. They can include liquids, gases, vapors, mist, fumes, and solids such as specks of dust, fibers, and construction materials containing a hazardous substance.
Construction workers may not even be aware that they are being exposed to a toxic material. Exposure can occur from touch, inhalation, or accidental ingestion of the substance. Exposure can be prolific when workers are in closed quarters or work physically close to the substances.
Unfortunately, toxic substances may not have any type of odor or visible presence, leaving a worker unaware, sometimes until years later, that they have been exposed.
Are Construction Workers Protected by Law against Toxic Exposures?
The Occupational Health and Safety Administration (OSHA) sets specific guidelines for employers to help keep their employees safe, including the construction industry.
OSHA requires employers in the construction industry to, among other actions:
- Provide safety equipment to workers, including respiratory masks, helmets, gloves, and other equipment.
- Educate and train employees about hazardous chemicals and toxic substances.
- Help workers avoid unnecessary exposure to dangerous chemicals.
- Follow OSHA permissible limits on length and depth of exposure.
- Assist workers in complying with OSHA standards; make the workplace conducive to compliance; discipline workers who do not comply.
- Comply with investigations stemming from complaints.
Various federal acts have also been signed into law to help curb the use of toxic substances.
In 1976, the Toxic Substances Control Act (TSCA) gave the Environmental Protection Agency (EPA) power to regulate chemicals in the United States, including banning substances deemed unhealthy to humans or the environment. However, the EPA has banned only five substances out of more than 80,000 in use since then.
Any construction worker who believes they were harmed by exposure to a toxic chemical on the job should seek the guidance of a workers’ compensation lawyer.
What are Common Toxic Chemicals in the Construction Industry?
Broad categories of hazardous and toxic substances commonly used in construction include the following:
- Chemical solvents, such as paint thinners, glue, spot removers
- Paints
- Solvents and acids
- Adhesives and sealants
- Foams and coatings
- Pesticides
- Flammable materials, flame retardants
- Carbon monoxide
- Industrial cleaners
- Gasoline
- Hot tar/asphalt
- Toxic chemicals found in common building materials such as flooring, tiles, pipes, shingles, cement board, and other products
Specific toxic chemicals and agents commonly used or found in construction and known to cause health issues include, but are not limited to, the following:
- Asbestos: The EPA attempted to ban asbestos in 1989, but it was overturned in 1991 because of a perceived lack of scientific proof of an unreasonable risk to human or environmental health. Asbestos fibers are commonly found in joint compound, floor tile, cement board, pipes, and shingles.
- Formaldehyde: Found in plywood, carpet, and resins used in manufacturing paper products and polyurethane foam insulation.
- Diisocyanates: Chemical building blocks used in rigid and flexible foams, coatings, adhesives, sealants, and elastomers.
- Flame retardants: A group of chemicals used to inhibit the ignition or spread of fire.
- Silica dust: A component of bricks, glass, and concrete. OSHA regulates the dust with permissible exposure limits.
- Zinc: Used to manufacture brass, galvanized metals, and other alloys.
- Cadmium: Commonly used as a rust-preventive coating on steel.
- Beryllium: Used as an alloying element with copper and other metals.
- Iron oxide: Found in steel manufacturing and welding.
- Mercury: Used to coat metals to prevent rust or inhibit algae growth.
- Lead: Lead-bearing metals and paints can lead to oxide fumes.
- Fluorides: Found in metal coatings used in welding.
- Hexavalent chromium: Used in primers, paints, and other surface coatings.
- Chlorinated hydrocarbon solvents: Used in degreasing and cleaning operations.
- Phosgene: Formed by decomposing chlorinated hydrocarbon solvents.
- Carbon monoxide: Produced by the incomplete combustion of various fuels.
- Ozone, nitrogen oxides: Produced by ultraviolet light in welding.
- Ultraviolet radiation, infrared radiation, and intense visible light are physical agents that can harm the eyes and skin.
What Illnesses can a Toxic Chemical Cause?
Repeated or prolonged exposure to toxic chemicals in the construction industry causes health issues that include, but are not limited to, these illnesses and disorders:
- Mesothelioma: A form of lung cancer that is usually fatal.
- Respiratory/pulmonary illnesses, including:
- Chronic obstructive pulmonary disease (COPD)
- Black lung disease
- Asbestosis
- Silicosis
- Asthma
- Lung cancer
- Emphysema
- Pulmonary edema
- Chronic cough
- Shortness of breath
- Respiratory failure
- Chemical burns and skin disorders related to toxic chemicals
- Birth defects
- Endocrine problems
- Reproductive damage, endometriosis
- Developmental problems in children
- Kidney cancer, kidney damage
- Metal fume fever
- Chronic fatigue and weakness, muscle aches, weight loss, gastrointestinal problems
- Illnesses affecting the brain, central nervous system, and circulatory system
What Should I Do if I was Exposed to Toxic Chemicals at My Construction Job?
The first step, of course, is to seek medical treatment. While doing so, it is important to keep all medical records and documents as well as receipts relating to treatment. If still working, the employee should follow the company’s procedures for reporting the injury or illness and seeking medical treatment.
The next step is to contact an experienced workers’ compensation lawyer. This is because many workers do not know they were exposed to a toxic chemical on the job. Many toxic substances are not visible or smelled and are produced only under specific circumstances, such as cutting or welding or on interaction with another agent. Some are buried within a material used in construction, such as flooring or insulation.
Also, since many construction workers work on various sites or are temporary workers, they may not be aware that specific locations or employers have exposed them to toxic substances.
Finally, a worker may have fallen ill long after a specific job or well into retirement, never thinking their work in construction could be the cause of illness.
A workers’ compensation lawyer can help a construction worker discover whether a past job or employer is the cause of their current illness. It is beneficial for them to find out to receive all the compensation they may be due under the law.
Burlington County Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP, Represent Those Exposed to Toxic Chemicals at Work
No one should fall ill or die because of their occupation. Construction workers who are currently or have been exposed to toxic chemicals on the job should take heed, especially. An illness contracted after exposure may be difficult to prove, but that should not stop anyone who believes their construction career caused their illness. The Burlington County workers’ compensation lawyers at Pietras Saracino Smith & Meeks, LLP, have helped hundreds of workers exposed to toxic chemicals receive the compensation they deserve for their financial, physical, and emotional damages. Call us today at 856-761-3773 or contact us online to schedule a free consultation. Located in Cherry Hill, New Jersey, we serve clients in Camden, Cinnaminson, Delran, Maple Shade, Pennsauken, and throughout South Jersey.
