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Today I think I was exposed to asbestos so I called the Department of Labor. Was I wrong to do so?

Hey Biblitz,

I called the DOL because after two experienced people were almost positive it was asbestos. Before I called we went through the proper chain of command we got in contact with the company who did the abatement and they told us they would clean it in the morning here I have been pretty much rolling around in it all day I am kinda curious if I have been exposed. Meanwhile the place we were working is already starting to clean it up the people were untrained janitors. So after a little debate I decided to call The department of Labor who after hearing what I had to say thought it was necessary for him to come and inspect the situation himself ( At Five o clock I am sure he was on his was home soon) So my Boss pretty much told us were were wrong to call them and we should have just let the company handling the abatement deal with it. Am I wrong?

Biblitz replies:

You were RIGHT! to make the call. There are SO FEW public regulatory bodies enforcing toxicity in buildings these days that we must all take what may seem like extraordinary precautions. If it looks like a duck and quacks like a duck ...

Here's how bad the failed housing epidemic rife with toxic mold has been allowed to proliferate in so-called developed Canada. ... Scary, no?

U.S. legislation governing asbestos and worker safety:

See also the Canadian Centre for Occupational Health and Safety.

Subpart G-Asbestos Worker Protection

SOURCE: 65 FR 69216, Nov. 15, 2000, unless otherwise noted.

763.120 What is the purpose of this subpart?

This subpart protects certain State and local government employees who are not protected by the Asbestos Standards of the Occupational Safety and Health Administration (OSHA). ...
... If you are a State or local government employer and you are not subject to a State asbestos standard that OSHA has approved under section 18 of the Occupational Safety and Health Act or a State asbestos plan that EPA has exempted from the requirements of this subpart under 763.123, you must follow the requirements of this subpart to protect your employees from occupational exposure to asbestos. ... If you are a State or local government employer whose employees perform:

(a) Construction activities identified in 29 CFR 1926.1101(a), you must:

(1) Comply with the OSHA standards in 29 CFR 1926.1101.

(2) Submit notifications required for alternative control methods to the Director, National Program Chemicals Division (7404), Office of Pollution Prevention and Toxics, EnvironmentalProtection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

(b) Custodial activities not associated with the construction activities identified in 29 CFR 1926.1101(a), you must comply with the OSHA standards in 29 CFR 1910.1001.

(c) Repair, cleaning, or replacement of asbestos-containing clutch plates and brake pads, shoes, and linings, or removal of asbestos-containing residue from brake drums or clutch housings,you must comply with the OSHA standards in 29 CFR 1910.1001.

(From the U.S. Environmental Protection Agency material on Asbestos, p. 88 of 96, accessed online Dec. 7/09)

OSH Act, 1970, Sec. 8 Inspections, Investigations, and Record-keeping

(f) (1) Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employees in writing of such determination.

TinyTeaman

Should I sue my employer b/c i got hurt?

I fell off of a curb while stepping down from it at work. The parking lot is uneven and the sidewalk around the building is not. By time you walk to the end ot the of the building it's about 2 feet to the parking lot. I went to step down and severly sprained both ankles. I had to crawl 100-200 feet to the phone in the store. I was in a wheel chair for 4 days and now am very slowly begining to walk with 2 air casts. I have a 4 month old son and have poss. lost a job i was supposed to start this week b/c of being hurt at the other one and not being healed in time. I am not the first person to fall off the ledge, an old man did once also. So my question is basically would it be worth it to sue the company?

Biblitz replies:

Sue only if:

(a) your injuries are not already covered by a collective agreement that precludes such action against employer,
(b) you never want to work for employer again and (c) your loss tallying at least $50K is a result of injury directly due to employer's negligence.

TinyTeaman

Are Farm workers in Manitoba entitled to vacation pay?


Biblitz replies:

Employees who have worked for the same employer for a full year are entitled to two weeks of paid vacation. When employees complete their fifth year of work with an employer, they are entitled to three weeks vacation. LOTS more here at Manitoba Employment Standards.

OakAt7th

Vancouver's Boulevard of Broken Dreams, legacy of B.C.'s long-standing leaky condo epidemic. More on the crypic ways just one piece of legislation still operates against new B.C. home buyers.

Photos March 29/06 at various reconstruction rehabilitation renovation projects along W. 7th Avenue at Oak Street in Vancouver, B.C. reveal more than the ubiquitous low-rise, wood-frame leaky condo failures that have become the housing construction rule rather than the exception on Canada's Left Coast. If you turn your gaze across the sparkling blue Burrard Inlet, you'll see the familiar green net tarps complete with protective white capping over several highrises - 431 Pacific and Parkview Towers - 289 Drake St. Welcoming the world to Winter Olympics 2010! Buy a Vancouver condo. Biblitz double-dog dares you!

Drake3

More on the procedures required to remove toxic mold and asbestos, a call by a Vancouver MP to investigate a long list of local buildings that may be at risk and a report on the recovery by some residents against a U.S. firm over home insulation laced with the cancer-causing stuff. The removal of toxic substances is but one of the perils associated with an ongoing housing failure epidemic.

You laugh tonight and cry tomorrow / When you behold your shattered schemes ... The Boulevard of Broken Dreams