Every year, construction workers in New York and New Jersey are exposed to toxic substances, including solvents, paints, and silica dust, often without proper warning. While hard hats and reflective vests are visible reminders of job site dangers, chemical hazards can be much harder to spot.
Fortunately, safety regulations are in place to ensure that workers have the information they need to stay safe. The New Jersey and New York construction accident attorneys at Hofmann & Schweitzer are here to explain your rights and what to do if they've been violated.
What Is the OSHA Hazard Communication Standard?
OSHA Standard 29 CFR §1910.1200, also known as the "Hazard Communication Standard" or "HazCom," is a federal regulation that requires employers to inform workers about the hazardous chemicals they may encounter on the job. The standard applies to all industries, including construction, and covers a wide range of substances from cleaning products to welding fumes. Unfortunately, it is one of OSHA’s Top 10 most frequently cited standards.
The Three Key Components of HazCom Compliance
Under §1910.1200, construction employers must provide:
- Chemical labels. All hazardous substance containers must be clearly labeled with the product identifier, hazard pictograms, signal word, and precautionary statements.
- Safety Data Sheets (SDSs). These detailed documents provide critical info on each chemical's health effects, safe handling procedures, and emergency measures. SDSs must be readily accessible on every job site.
- Employee training. Workers must receive instruction on how to read labels, interpret SDSs, and implement protective measures. Training should cover site-specific hazards.
When these elements are missing, outdated, or incomplete, construction workers are left vulnerable to chemical injuries ranging from minor skin irritation to life-threatening respiratory diseases and cancers. Lack of hazard communication also makes it difficult to respond appropriately to spills, leaks, and other dangerous chemical incidents.
How State Laws Expand on Federal HazCom Requirements
In addition to §1910.1200, construction workers in New York and New Jersey have additional protections under state law. For example, New York Labor Law 200 requires property owners and contractors to maintain reasonable and adequate safety protection on construction job sites.
New York and New Jersey also have right-to-know laws that cover public sector workers who are excluded from federal HazCom rules.
While these state laws provide important safeguards, violations are still all too common in the construction industry. Employers may fail to obtain SDSs, neglect worker training, or provide inadequate protective gear. Some even retaliate against workers who report hazardous conditions.
What Chemicals Are Common—and Dangerous—on Construction Sites?
Many hazardous materials show up in everyday tasks. Some of the harmful exposures in New Jersey and New York construction include:
- Solvents and thinners. Used in paints, adhesives, and cleaners, these chemicals can affect your skin, lungs, liver, and nervous system.
- Silica dust. Cutting or grinding concrete, brick, or tile creates fine particles that can lodge deep in your lungs, leading to silicosis or cancer.
- Lead-based paint. Lead paint is still present in older buildings. Even minor renovations can release lead dust.
- Asbestos. Common in older insulation, floor tiles, and roofing materials, asbestos exposure can cause mesothelioma, lung cancer, and asbestosis even decades after exposure.
- Isocyanates. Found in spray foam insulation and some paints, these can trigger asthma or other respiratory diseases.
- Welding fumes. These contain a mix of toxic metals like manganese, chromium, and lead. Inhalation can cause neurological damage and respiratory illness.
Without proper labeling, training, and ventilation, these chemicals become invisible threats. And once symptoms begin, it may be too late to prevent harm.
What to Do If You've Been Injured by Chemical Exposure
If you suspect your illness or injury was caused by hazardous substances on a New York or New Jersey construction site, it's critical to act quickly to protect your health and your legal rights. Here are some steps to take right away:
- Report the incident to your supervisor and union representative immediately. Put your complaint in writing and keep copies of all communication.
- Get medical attention and tell your doctor you may have been exposed to toxic chemicals at work. Keep records of all treatment.
- Request copies of relevant SDSs and any other hazard communication materials from your employer. Don't assume they will be provided voluntarily.
- Contact an experienced New York and New Jersey construction injury lawyer to discuss your rights and potential legal remedies. You may be entitled to workers' compensation or damages in a third-party claim.
At Hofmann & Schweitzer, we understand the devastating impact a chemical injury can have on construction workers and their families. We also know that filing a complaint or taking legal action against an employer can be intimidating, especially in an industry where retaliation is a real concern.
You don't have to navigate this difficult situation alone. Our knowledgeable attorneys are here to stand up for your right to a safe workplace and fair compensation for any harm you've suffered.
