Many buildings throughout New York contain lead and asbestos, as the buildings were constructed before the dangers of these products became known. Still, if left undisturbed and if proper mitigation techniques are used, the risk of exposure is relatively low. Unfortunately, many workers, particularly those in construction, may find themselves doing jobs that can lead to a significant amount of exposure to lead and asbestos when workplace safety protocols are not followed.
When workers are exposed to lead or asbestos, serious illnesses can occur, including brain damage, asbestosis and mesothelioma. A worker who suffers poor health as a result of his exposure to on-the-job toxins should be entitled to receive workers’ compensation benefits. Because illnesses often do not manifest until a long time after initial exposure has occurred, employees who believe they got sick because of their jobs should consult with a New York workers’ compensation law firm for help proving their injuries were work related.
A Look at the Risks
Safety News Alert recently reported about a job site at which workers were put at such great risks that the site was called the “worksite of horrors.” The company that was running the worksite ended up being fined $700,000, but unfortunately, it is the workers who will really pay the price as they may face serious and potentially life-threatening injuries over the course of their lives.
The worksite was at an old New York psychiatric center, which was being renovated and scheduled to be turned into a college. Dover Greens, which was previously called Olivet Management, was overseeing the renovations and acting as its own general contractor. Unfortunately, Dover Greens allegedly failed to take essential precautions at the worksite to prevent serious harm to the workers who were doing the construction.
OSHA visited the worksite and found employees from 13 different contractors performing work. The work included sweeping up debris that contained asbestos and scraping lead paint off the walls. Safe removal methods were not being used despite the toxic nature of these substances, and the workers did not have respirators to avoid breathing in asbestos or lead dust.
OSHA stopped the work, and cited the company for 24 willful violations of safety rules, as well as fined them $2.3 million for putting workers at risk of long-term respiratory problems and long-term neurological problems. Despite the large fine and the significant long-term consequences of its actions, Dover is likely to only pay a small portion of the fine. As part of a settlement, it will pay $700,000 over a 10-year period and the remaining $1.66 million will become payable only if Dover violates the terms of its settlement with OSHA.
The workers, meanwhile, will have to cope with the fear of illnesses due to exposure for decades to come. These workers aren’t the only ones doing construction in New York who will be exposed, and any employee who does become ill needs to consult with an attorney at Rosenberg, Minc, Falkoff & Wolff as soon as possible for help understanding their right to benefits.
