News & Analysis as of

Toxic Exposure Employer Liability Issues

Hissey, Mulderig & Friend, PLLC

Benzene Exposure Victims May Be Eligible for Compensation

If you or a loved one were exposed to benzene at work and were diagnosed with cancers such as leukemia, myelodysplasia (MDS), lymphoma, or multiple myeloma, you may be entitled to file a lawsuit and receive financial...more

Goldberg Segalla

Appellate Court Affirms Summary Judgment Ruling in Favor of Appellees

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Court: Appellate Court of Maryland - A Maryland appellate court has affirmed a lower court’s decision that granted summary judgment to the defense in a toxic substance exposure case....more

Husch Blackwell LLP

U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

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As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”),...more

Husch Blackwell LLP

What Martin v. Goodrich Means for the Illinois’ Workers’ Compensation Landscape

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On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Ius Laboris

Things Are Hotting Up: Wildfires in Brazil and the Law in Brazil and Elsewhere

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Wildfires in Brazil have been a recurring and worrying phenomenon since 2022, with devastating impacts. The fires have impacted the environment, biodiversity, farming, cattle ranching, and human health as a whole,...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

Houston Harbaugh, P.C. on

Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

Ius Laboris

Poland Implements Worker Protection Against Reprotoxins

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An amendment to the Labour Code has expanded worker protection to include reprotoxic substances (i.e. substances capable of causing infertility, miscarriage or fetal developmental defects)....more

Conn Maciel Carey LLP

[Webinar] The Impact of New TSCA Regs on OSHA Chemical Safety Enforcement - October 22nd, 1:00 pm ET

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Although this is the OSHA webinar series, in this webinar, we’ll be analyzing the intersection of EPA’s new Toxic Substances Control Act (“TSCA”) chemical exposure limits and OSHA enforcement of workplace chemical exposure....more

Stinson LLP

EPA Releases Risk Management Program Final Rule

Stinson LLP on

On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more

Littler

Cal/OSHA Completes Fast-Track Adoption of Emergency Silica Standard Aimed at Engineered Stone Industry

Littler on

On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

CDF Labor Law LLP

As Wildfires Burn in CA, New Law for Some Employers is Proposed 

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As wildfire season is well underway, California employers need to be cognizant of the requirements to protect employees who are exposed to the hazards of wildfire smoke. ...more

Shutts & Bowen LLP

PFAS Liability Litigation and the Construction Industry – Act Now or Pay Later

Shutts & Bowen LLP on

For decades, per- and polyfluoroalkyl substances (PFAS) have been used in the production and composition of many products used daily throughout Florida and across the country. Prized for their desirable properties, PFAS...more

Schwabe, Williamson & Wyatt PC

Oregon OSHA on Protecting Workers During Wildfire Smoke Conditions

As Oregon continues to deal with an unprecedented wildfire season and the lingering effects of the state’s air quality, Oregon Occupational Safety and Health (“OSHA”) has released best practices for employers whose employees...more

Harris Beach Murtha PLLC

Emotional Distress Claims in Toxic Exposure Case Survive Motion to Dismiss

The recent rejection of an attempt to dismiss emotional distress claims offers a prescient reminder of the wide breadth of claims a toxic tort plaintiff may prosecute, and the array of damages that may be recoverable. ...more

Littler

OSHA Collecting Final Input as it Considers Rule on Occupational Exposure to Beryllium in the Construction and Shipyard Industries

Littler on

On October 8, 2019, the Occupational Safety and Health Administration (OSHA) issued a new Notice of Proposed Rulemaking on Occupational Exposure to Beryllium and Beryllium Compounds in Construction and Shipyard Sectors, 84...more

Seyfarth Shaw LLP

Reminder — Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke Now in Effect

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Seyfarth Synopsis: CalOSHA emergency regulation for workers exposed to wildfire smoke.. With wildfires now active in many parts of California, it’s important that employers in California remember Cal/OSHA’s emergency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Silica/OSHA Enforcement: Proposed Penalty Assessment for Delaware, Ohio Foundry

The United States Occupational Safety and Health Administration (“OSHA”) issued an October 7th news release stating it cited Liberty Casting Company (“Liberty”) for certain alleged violations. Liberty is stated to operate...more

Littler

Are You Prepared? FAQs on Cal/OSHA’s Emergency Wildfire Smoke Protection Regulation

Littler on

In response to the dangerous levels of air quality last fall after the wildfires in Northern and Southern California, the state Division of Occupational Safety and Health (Cal/OSHA) has enacted an emergency regulation...more

Jones Day

Anxiety From Asbestos Exposure: French Compensation Model Extended to Other Toxic Substances - The French Supreme Court (Cour de...

Jones Day on

In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants...more

Fisher Phillips

What You Need To Know About California’s New Emergency Wildfire Smoke Protection Regulation

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California has been wrought with devastating wildfires in recent years. Last year, in fact, the state suffered one of its most destructive wildfire seasons ever recorded; there were over 8,500 wildfires and the largest area...more

Seyfarth Shaw LLP

New Cal/OSHA Emergency Regulation to Protect Workers from Wildfire Smoke

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Seyfarth Synopsis: Cal/OSHA’s new emergency regulation for workers exposed to wildfire smoke creates new obligations for many employers....more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Enforcement: Ohio Aluminum Manufacturer Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) issued a June 20th news release stating that it cited Ohio Gratings, Inc. (“OGI”) for alleged violations. OGI is described as a manufacturer of aluminum, stainless...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/OSHA Enforcement: Missouri Contractors Cited for Alleged Violations Related to Restoration of Kansas State University...

The Occupational Safety and Health Administration (“OSHA”) issued a May 15th news release stating that it cited two Missouri contractors for allegedly failing to comply with asbestos removal standards while performing...more

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