GENERAL OCCUPATIONAL INFO
Whenever you suspect you have sustained an injury or illness due to an occupational exposure you must file a report immediately. You do not need to have supporting medical documentation at the time you file the report, just your belief. Failure to file the report within the time frame in the statues can result in a lost of benefits and the ability to later sue.
ASBESTOS INFO
NIOSH Pocket Guide to Chemical Hazards
http://www.cdc.gov/niosh/npg/npgd0041.html
Exposure Routes inhalation, ingestion, skin and/or eye contact Symptoms Asbestosis (chronic exposure): dyspnea (breathing difficulty), interstitial fibrosis, restricted pulmonary function, finger clubbing; irritation eyes; [Potential occupational carcinogen]
Appendix C
Asbestos
NIOSH considers asbestos (i.e., actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite) to be a potential occupational carcinogen and recommends that exposures be reduced to the lowest possible concentration.
For asbestos fibers >5 micrometers in length, NIOSH recommends a REL of 100,000 fibers per cubic meter of air (100,000 fibers/m3), which is equal to 0.1 fiber per cubic centimeter of air (0.1 fiber/cm3), as determined by a 400-liter air sample collected over 100 minutes and NIOSH Analytical Method #7400.
As found in 29 CFR 1910.1001, the OSHA PEL for asbestos fibers (i.e., actinolite asbestos, amosite, anthophyllite asbestos, chrysotile, crocidolite, and tremolite asbestos) is an 8-hour TWA airborne concentration of 0.1 fiber (longer than 5 micrometers and having a length-to-diameter ratio of at least 3 to 1) per cubic centimeter of air (0.1 fiber/cm3), as determined by the membrane filter method at approximately 400X magnification with phase contrast illumination. No worker should be exposed in excess of 1 fiber/cm3 (excursion limit)as averaged over a sampling period of 30 minutes.
YOUR HEALTH
Your physician and an occupational and environmental health physician should evaluate your symptoms. Typically rashes are not a sign of asbestos disease but anyone can be allergic to anything. An allergic reaction to an exposure in the workplace is an occupational disease (i.e. latex gloves). You should ask for a copy of the indoor air quality (IAQ) evaluation conducted after the incident. If the IAQ has not been done, then officially request it.
You will be required to be seen by your employer’s and their insurer's physician(s). This is a normal part of the process.
A FEW VAGUE LEGALITIES
In many localities workers comp attorney fees would come from your award, which is already preset by the statues. Unlike civil product liability cases you can not get a plaintiff’s award plus the attorney fees. The local commission and legislature set worker compensation rates. You can not get more then what has been legislated.
Citations from OSHA do not automatically mean that an injury happen. Frequently a citation is negotiated away or amount lowered. The citation could be because they asked a random employee in a hallway questions about a hazard-mitigating plan that the employee could not answer.
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