What to Do If Your Employer Isn’t Conducting Asbestos Tests

Even though the health risks associated with asbestos are widely known, illnesses and deaths related to asbestos have increased in recent years. If you work in a high-risk industry, asbestos exposure is a real concern.

Employers are legally and ethically obligated to minimize those risks, and one of the most important steps they must take is conducting regular asbestos tests. Unfortunately, some companies cut corners, putting employee health at risk. But when workers know their rights — and what to do when their employer isn’t meeting their obligations — they can protect themselves and their co-workers from long-term harm.

Jobs Where Asbestos Testing Matters Most

Not all occupations face the same level of asbestos risk. Asbestos exposure testing is especially important in fields where workers may come in contact with heavy industrial settings, building materials, insulation, fire retardant materials and older equipment, including:

• Construction and demolition, especially in older buildings
• Shipyard and maritime work
• Manufacturing and industrial jobs, especially those involving insulation or heat-resistant products
• Custodial and maintenance jobs in older hotels, schools, hospitals and government buildings
• Automotive repair, such as brake and clutch repair

If you work in one of these fields and your employer isn’t conducting an asbestos test, it may be a violation of federal or state workplace rules.

Employer Responsibility For Asbestos Exposure Testing

Federal regulations under the Occupational Safety and Health Administration (OSHA) require employers in high-risk industries to protect workers from asbestos exposure. Some of the requirements include:

• Identifying potential asbestos-containing materials (ACMs) in the workplace.
• Conducting an asbestos test anytime materials may release asbestos fibers in the air.
• Monitoring air quality when asbestos is suspected during demolition, renovation or manufacturing processes.
• Notifying employees of asbestos test results.

Employers must also provide workers with adequate training, protective equipment and safe work practices when asbestos is present. In addition to these federal regulations, some states require additional asbestos exposure testing. If you’re concerned that your employer isn’t meeting state requirements, you can check with your state’s department of environmental quality or protection or occupational safety agency.

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Types Of Asbestos Tests Employers Should Use

Not all asbestos tests are the same. Employers are required by law to use appropriate methods depending on whether they are testing materials, air quality or workers exposure.

Types of workplace asbestos testing include:

• Bulk material testing: Samples of insulation, tile or other materials are sent to an accredited lab to determine whether asbestos is present.
• Air sampling: Pumps collect samples that are viewed under a microscope to measure the amount of asbestos fibers in the air. Results are then compared to federal or state limits for exposure.
• Personal exposure monitoring: Workers wear personal air monitors to measure their levels of exposure during specific tasks.
• Medical testing: After potential exposure, workers are given required medical questionnaires to assess the potential for health concerns.

Employers in any field where workers are exposed to asbestos should conduct these tests regularly. Failure to perform proper asbestos exposure testing can leave workers vulnerable to long-term health consequences such as lung and other cancers and mesothelioma.

What to Do if Your Employer Fails to Test for Asbestos

If you believe your employer is ignoring asbestos hazards, you have options:

• Ask for documentation. Employers are required to keep records of asbestos exposure test results and share them with employees.
• Report unsafe conditions. If asbestos tests haven’t been conducted, you can file a confidential complaint with OSHA or your state’s occupational safety agency.
• Seek medical guidance. If you think you’ve been exposed and your employer didn’t connect you with appropriate medical personnel for assessment, contact a doctor on your own. Document any history of potential exposure.
• Consider legal action. If your health has been affected, you may be entitled to compensation from an employer that didn’t provide adequate protection. Legal professionals with experience in asbestos lawsuits can help guide your next steps.

How We Help Victims of Asbestos Exposure

Seek justice with the help of our experienced asbestos attorneys. Our asbestos law firm has represented individuals like you affected by asbestos exposure for decades, fighting the corporate giants responsible for their dangerous products. If you or a loved one were exposed to asbestos or suffered from a disease caused by asbestos, like mesothelioma, we can help.