Understanding Asbestos Risk in the Workplace

Asbestos, once a common building material, is now a well-known health hazard. Even limited exposure to airborne asbestos fibers can lead to life-threatening illnesses such as mesothelioma, asbestosis, and lung cancer. Because of this, federal and Connecticut regulations strictly control how asbestos must be identified, handled, and removed in workplaces—particularly in construction, demolition, and older buildings.

The U.S. Occupational Safety and Health Administration (OSHA) and the Connecticut Department of Public Health (DPH) require employers to follow specific abatement procedures to prevent exposure. This includes air monitoring, containment, protective gear, and licensed removal. When an employer ignores these rules, they’re not just breaking the law—they’re putting workers’ lives in danger.

Recognizing Improper Asbestos Practices

Employees often don’t receive proper notice that they may be working near asbestos-containing materials (ACMs). Here are some red flags that your employer may be skirting the law:

• No asbestos survey was conducted prior to renovation or demolition.
• Visible dust and debris are present in areas where old insulation, tiles, or pipe coverings were removed.
• No signage or barriers to restrict access to contaminated zones.
• Lack of personal protective equipment (PPE) such as respirators or disposable suits.
• No training provided on asbestos hazards or safe work practices.
• No notification of asbestos abatement activity to workers or tenants.

In Connecticut, all asbestos abatement work must be performed by licensed contractors who follow strict DPH protocols. If your employer bypasses this requirement, you may be exposed to serious health risks.

Your Legal Rights Under Connecticut and Federal Law

Both state and federal law protect employees from unsafe asbestos conditions. In Connecticut, the Asbestos Abatement Regulations under the Department of Public Health (Section 19a-332a through 19a-332e) outline how asbestos must be handled. Federally, OSHA’s Asbestos Standard for General Industry and Construction (29 CFR 1910.1001 and 1926.1101) applies.

As an employee, you have the right to:

• Be informed of potential asbestos exposure in your work environment.
• Receive appropriate training if your duties involve disturbance of ACMs.
• Request air quality testing or review monitoring data related to asbestos.
• Report unsafe conditions without fear of retaliation.
• Refuse to work in unsafe conditions, especially if those conditions present a direct and immediate risk.

Additionally, you can file a complaint with OSHA or Connecticut’s DPH if you suspect violations. Both agencies can initiate inspections and enforce penalties for noncompliance.

What Steps You Should Take Immediately

If you believe your employer is not following proper asbestos abatement protocol, your response needs to be prompt and well-documented.

1. Remove Yourself from Harm’s Way

If you believe there is a serious health risk, stop working in the area and report your concerns to a supervisor or safety officer. It’s your right under OSHA to refuse dangerous work when there's no time to get help through regular channels.

2. Document Everything

Keep a detailed log of what you observed. This should include dates, photos, names of individuals involved, lack of PPE or training, and specific incidents where asbestos-containing materials were handled improperly.

3. Contact OSHA

File a complaint with OSHA, either online or by calling their Hartford Area Office. You can remain anonymous if you fear retaliation. OSHA is required to investigate credible complaints and will assess whether your employer violated federal safety standards.

4. Contact the CT Department of Public Health

The DPH oversees asbestos licensing and abatement regulation in the state. You can report abatement concerns, verify if your employer or contractor is licensed, and learn more about your rights under state law.

5. Seek Legal Advice

If you experience retaliation after reporting the issue or have suffered health impacts due to asbestos exposure, consult a Connecticut employment or personal injury attorney. You may have grounds to file a whistleblower complaint or a toxic exposure claim.

Employer Responsibilities and Potential Penalties

Employers who ignore asbestos safety protocols can face steep penalties. OSHA fines for asbestos-related violations can exceed $15,000 per serious infraction, and significantly more for repeated or willful violations. In Connecticut, employers may also face license revocation, civil liability, and criminal charges for endangering workers.

Moreover, if workers are exposed and develop related health conditions later in life, companies can be held financially responsible for medical costs, loss of income, and other damages.

How to Protect Yourself and Coworkers Moving Forward

Beyond addressing the immediate issue, consider these steps to protect yourself and advocate for a safer workplace:

• Join or form a workplace safety committee if your company allows it.
• Request safety training sessions on asbestos awareness and handling.
• Encourage transparency around material testing and abatement scheduling.
• Push for regular third-party inspections if you work in an older facility.

You also have the option to contact your union (if applicable) for additional support in holding your employer accountable.

Conclusion

Asbestos exposure is not just a historical concern—it remains a present-day threat when employers cut corners. In Connecticut, strict laws are in place to protect workers from this invisible danger, but enforcement often begins with you. If your employer is not following proper asbestos abatement protocol, you have multiple pathways to protect your health, uphold your rights, and ensure accountability. Don’t wait until exposure leads to irreversible harm—speak up, document the issue, and take action.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Workers Comp Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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