The serious health risks associated with asbestos exposure have been known for generations. The naturally occurring fiber is the only known cause of mesothelioma, an incurable and deadly form of cancer of the lining of the lungs and internal organs. Legal and regulatory scrutiny of asbestos use has ramped up over the years — including a 2024 ban on chrysotile asbestos — but an alarming number of Americans continue to die from mesothelioma every year. While mesothelioma diagnosis rates have fallen among men, they have remained steady among women.
Tag: public health
EPA Ban on Chrysotile Asbestos Will Save Lives, Hold Corporations Accountable
After years of tireless work by advocacy groups on behalf of cancer victims, the Environmental Protection Agency (EPA) is finally taking action against asbestos, a dangerous substance known to cause cancer, severe illness and countless fatalities each year.
In March 2024, the EPA took a major step toward protecting Americans from asbestos exposure with a historic ban on a common type of asbestos known as chrysotile. It was the first substantive move to protect Americans from asbestos exposure in decades.
The U.S. Never Banned Asbestos. These Workers are Paying the Price.
The stories about the dangers of asbestos exposure are horrifying and all too common: mesothelioma, lung, laryngeal and ovarian cancer, and ultimately death. But despite the well-known risks of the dangerous and deadly carcinogenic fibers, the United States still has not banned asbestos.
While dozens of other countries have outlawed asbestos, the United States allows hundreds of tons each year from Brazil to benefit two major chemical companies, OxyChem and Olin Corp. The companies say asbestos is crucial to chlorine production and that their protocols for handling it keep workers safe from exposure. But those workers claim otherwise.
More than a dozen former workers from OxyChem’s plant in Niagara Falls, New York, told ProPublica that asbestos dust hung in the air, collected on the beams and light fixtures and built up inches thick. Workers often were without protective suits or masks and the dust collected on their coveralls and boots.
The Environmental Protection Agency and Congress accepted the companies’ claims that workers were safe. The Occupational Safety and Health Administration let the companies into a special program that limited the frequency of inspections at their plants, ProPublica reported.
OxyChem declined ProPublica’s requests for an interview. The company said in a statement to ProPublica that it complies with federal regulations on asbestos and that workers who handle it are “trained, work in restricted areas of our plant, protected by personal protective equipment and are offered annual medical examinations.” The company also said it allows employees to stop work if they feel unsafe.
“The health and safety of every plant worker and the people in our surrounding communities is our top priority,” the company said.
Olin did not respond to calls and emails that ProPublica said it sent over the course of a month.
The former workers agreed to hours of interviews with ProPublica and recounted “ever-present asbestos dust with scant protection.”
Federal workplace safety standards require keeping asbestos fibers wet to prevent them from going airborne, having workers wear protective equipment and containing the asbestos inside certain areas. OxyChem had rules in place, but the protocols failed to match reality at the Niagara Falls plant, according to more than a dozen workers who spoke to ProPublica.
Tanks of chlorine, caustic soda and hydrogen contained metal screens coated with layers of asbestos to keep the chemicals apart. When screens needed to be recoated, OxyChem workers used pressure washers, splattering asbestos everywhere. Then, they dipped the clean screen into a wet mixture containing new asbestos and cooked it in an oven until the asbestos hardened. They worked on one or two screens each day.
Asbestos wasn’t a problem when it was wet, but it would dry overnight. The next morning, the workers told ProPublica, it would be stuck to the ceiling and the walls. Clumps would roll across the floor and floating particles could be seen in the air.
There was so much asbestos in the cell-maintenance building that it was impossible to keep it all wet, said Robert Cheff, who worked at the plant from 1981 to 2007. “We were constantly swimming in this stuff.”
Workers wore protective gear for certain tasks, like pressure washing and screen dipping. But they went into the building to carry out other tasks without special suits or anything protecting their faces, despite company requirements. One worker said managers enforced those rules. But a dozen others interviewed by ProPublica recalled that the bosses looked the other way.
The stories shocked six experts in industrial hygiene and occupational health who were consulted by ProPublica.
“Totally unacceptable,” said Rachael Jones, professor and chair of the Environmental Health Sciences Department at the University of California, Los Angeles.
“Fraught with danger,” said Dr. Philip Landrigan, a public health physician trained in occupational medicine and epidemiology who leads Boston College’s program for Global Public Health and the Common Good.
Workers with a high risk of exposure sometimes clipped a small monitor to their bodies to measure the amount of asbestos in the air around them. At least five times in 2001 and 2002, the levels around Patrick Nowak exceeded OSHA’s exposure limit, ProPublica said his company records show. “I failed so many times, they quit testing me,” he said.
Tony Garfalo wore a monitor seven times in 2001, and, on four occasions, the results exceeded OSHA’s limit, his records show. Once, the asbestos level was more than five times the allowable limit.
Under the Biden administration, the EPA determined that all workers in asbestos-dependent chlorine plants faced an “unreasonable risk” of getting sick from it, citing a review of the companies’ own exposure-monitoring data. EPA Administrator Michael Regan proposed a ban for the first time in more than three decades. But it could be months before the rule is finalized and the chemical industry has vowed to fight it.
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 over 20 years, aggressively 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.
Pesticides Linked to Climate Change, Despite Declining Efficacy
Pesticides are a key contributor to climate change – posing risks to the environment, public health, and food security – while their effectiveness is declining, according to a recent study.
Developed by Pesticide Action Network North America (PANNA), the study describes a vicious cycle: pesticides add emissions to the air that contribute to climate change, and as temperatures rise, so do the number of pests and insects. More insects encourage agricultural workers to use more pesticides.
This problem is further exacerbated by the fact that greenhouse gas emissions from pesticides are understudied and underestimated.
The Environmental Impact of Pesticides
Producing one kilogram of pesticides requires about 10 times more energy than one kilogram of nitrogen fertilizer, an agriculture chemical with known negative environmental impacts. Meanwhile, some pesticides like sulfuryl fluoride are themselves greenhouse gasses – emitting one ton of sulfuryl fluoride is equivalent to emitting nearly 5,000 tons of CO2. According to researchers, the issue is further complicated by oil and gas companies, which profit from pesticides. Ninety-nine percent of synthetic pesticides are derived from petroleum.
Higher Demand, Questionable Efficacy
As temperatures rise, crops become less resilient due to heat stress, changing rainfall patterns, and more pests. This leads to greater demand for synthetic chemicals and pesticides. Indeed, the global synthetic pesticide industry is predicted to grow substantially in the coming years: estimated at $16.3 billion in 2021, it is anticipated to grow to $27.6 billion by 2031.
However, some researchers note that less than .01 percent of pesticides even reach the pests they’re intended to target. This figure is especially low when it comes to flying insects like mosquitoes. Consider this: based on an estimate that target mosquitoes only receive about 0.0000001% of aerial spray, 1 million insecticide droplets must be produced to hit only one target mosquito. Consequently, excess chemicals end up in the soil, water, air, and on other plants. Hot temperatures further aggravate this problem by rendering pesticides into a toxic gas.
Pesticides, Cancer & Birth Defects
Meanwhile, the human toll of pesticide use is significant. According to the Environmental Protection Agency, there are an estimated 300,000 human pesticide poisonings in the United States resulting from applying pesticides. The global number is much greater, with 26 million human pesticide poisonings and 220,000 deaths each year.
Exposure to glyphosate, the key ingredient in Monsanto’s RoundUp, increases a person’s likelihood of developing cancer by 41%, according to an analysis by University of Washington researchers. Pesticides may also lead to birth defects when parents are exposed to them before or during pregnancy. These chemicals may damage the mother’s or father’s chromosomes leading to issues in fetal development.
A Potential Solution: Agroecology
Given the link between pesticides and climate change, and the human costs associated with pesticide use, there is a need to reduce reliance on them. This is especially true given their declining efficacy.
Agroecological farming offers a solution by promoting ecological processes that adapt to local conditions as well as practices such as intercropping (where two or more crops grow together to increase biodiversity and promote plant health.) Agroecology also prioritizes the health of farmers and agricultural workers. According to the PANNA report, agroecology leads to better public health, improved food security, and enhanced biodiversity.
According to one of the PANNA report’s co-authors, “conventional farming methods don’t account for environmental externalities and health costs.”
The report acknowledges that a change across the entire food production system would be costly and encourages the use of incentives such as subsidies, similar to those introduced for transitioning to green technology.
How We Help Victims of Pesticide Exposure
Seek justice with the help of our experienced lawyers. For 20 years, our pesticide law firm has battled corporate giants on behalf of individuals like you, aggressively fighting to hold them responsible for dangerous chemicals and the birth defects and personal injuries they cause. If you or a loved one has suffered adverse health effects caused by dangerous products, we can help.
Bill Works to Raise Regulations on Restricted-Use Pesticides
As the use of dangerous pesticides continues, a potential bill is in the works to increase protection for the public.
The Hawai‘i state House unanimously voted to pass a bill that would establish regulations on users of restricted-use pesticides. Specifically, Senate Bill 3095 would create usage, reporting, and location requirements for agricultural businesses that utilize 35 or more pounds or gallons of restricted-use pesticides in a year. The bill includes the following proposals:
- Restricted-use pesticide users must report the substance used, the amount, and location
- A buffer zone within 100 feet of school properties
- A complete ban on all pesticides that contain chlorpyrifos
The Dangers in Chlorpyrifos
Chlorpyrifos is a chemical component of pesticides that is widely used in commercial farming because it is inexpensive to make. Pesticides that contain neurotoxins such as chlorpyrifos are known to cause birth defects in unborn children when their parents are exposed. As such, hundreds of Hawai‘ian residents wrote to the state House to voice their support for the bill in a copied form letter stating, “we need mandatory disclosure and notification, along with pilot programs for buffer zones and drift studies around schools,” according to a report by the Hawai‘i Tribune-Herald.
The letter signed by residents states that “additional studies on pesticide drift are meaningless without knowledge of what pesticides were and are being applied.” This only goes to amplify the importance of full disclosure regarding the pesticides sprayed. When the wind blows these toxic pesticides, people nearby are in danger of direct exposure. Furthermore, the American Academy of Pediatrics states that there is evidence of an association between early exposure to pesticides and a number of adverse effects, including cancers, as well as decreased cognitive function and birth defects.
What is Galiher DeRobertis & Waxman doing to Help?
Galiher DeRobertis & Waxman is committed to fighting for families with pesticide-related birth defects. While we are not doctors, our lawyers work with highly-qualified scientific and medical professionals to determine if a reported birth defect is related to a parent’s exposure to pesticides. Our lawyers are experienced in successfully representing families injured by defective products, harmful pesticides, and corporate negligence. We provide free initial consultations and will meet with you to evaluate your claim with no obligation on your part. If your child has pesticide-related birth defects, he or she may have a claim against the company responsible for that pesticide exposure. Please get in touch with us for a free case evaluation at 1-866-998-TOXIC (6942) and learn more about your legal options. Our team will begin working immediately and aggressively to obtain the best result for your case.
Opioids Prescribed to Pregnant Women Tied to Birth Defects
With over 27 million Americans using an illicit or prescription opioid on a routine basis, it’s quite clear that opioid use impacts many facets of our society. The epidemic kills an average of 70,000 people per year – and the ongoing global COVID-19 pandemic, in fact, worsens widespread drug use. But many of those it doesn’t kill live out their lives with complications. Recently, sales of opioid pain relievers in the United States have surged. The populations most affected by this are pregnant women and their infants.
Impact on Children Exposed to Opioids During Pregnancy
While the impact of opioid use during pregnancy continues to be a subject of ongoing debate, solid evidence suggests that perinatal opioid exposure can cause adverse behavioral, cognitive, or developmental outcomes. In a recent study published in Pediatrics, the official journal of the American Academy of Pediatrics, Dr. Stephen Patrick and his co-authors easily conclude that prescribing opioids to pregnant women is quite common. They also found this practice strongly associated with neonatal complications or possible birth defects. With opioid use during pregnancy typically resulting from prescriptions for pain management, it’s often the case that doctors or medical professions fail to consider all options before prescribing such a drug. Many around the country, including states, cities, counties and even hospitals question the manufacturers of such drugs. Because of the numerous distressing legacies left by the opioid epidemic, many of the ongoing lawsuits filed against drug companies reference infants born with complications.
Birth Defects Caused by Opioid Use During Pregnancy
Ever since this issue came into public discourse over a decade ago, several scientific reports have found that maternal opioid treatment early in pregnancy is associated with certain types of birth defects in infants, including:
- Congenital heart defects
- Hydrocephaly
- Spina Bifida
- Glaucoma
Additionally, cognitive and developmental delays are also closely associated with opioids like codeine, hydrocodone, and oxycodone taken either before becoming pregnant and during the early trimester of pregnancy. Researchers like Cheryl S. Broussard urge that women and their physicians consider these risks before making treatment decisions during pregnancy. It’s possible that strengthening existing lax prescription rules and regulations could help decrease the risks that pregnant women prescribed opioids face.