Exposure to asbestos can cause serious long-term health problems, including respiratory illnesses and cancers like mesothelioma. Because of these risks, New Jersey has strict laws and regulations that govern asbestos abatement—the removal or handling of asbestos-containing materials—to ensure worker safety. Unfortunately, not all employers follow the proper procedures for asbestos abatement, putting their employees at risk.

Continue reading to learn more about the steps you should take if you believe your employer is not adhering to the required asbestos abatement protocols in New Jersey, including the legal protections you have as an employee, the regulations employers must follow, and the options available to you for reporting unsafe working conditions.

The best step to take if you believe you are at risk is to call an experienced New Jersey personal injury attorney. Brandon J. Broderick, Attorney at Law has a team who can provide the legal guidance you need.

The Importance of Asbestos Abatement Protocols

What Is Asbestos?

Asbestos is a naturally occurring mineral that was widely used in construction materials, insulation, and other industrial products due to its heat-resistant properties. However, when asbestos fibers are disturbed—whether through demolition, renovation, or improper handling—those fibers can become airborne and be inhaled by workers. Over time, this exposure can lead to serious health issues, such as asbestosis, lung cancer, and mesothelioma, a deadly cancer of the lining of the lungs.

Asbestos Abatement in New Jersey

New Jersey follows federal regulations set by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) regarding asbestos abatement. In addition, New Jersey has its own regulations under the Asbestos Control and Licensing Act, which mandates proper training, certification, and procedures for companies engaged in asbestos removal or handling.

Employers are required by law to:

• Ensure workers involved in asbestos abatement are properly trained and certified.
• Use specific methods and equipment to safely remove and contain asbestos materials.
• Provide personal protective equipment (PPE) to employees to minimize exposure.
• Monitor air quality and ensure that asbestos fibers are kept below permissible exposure limits.

What to Do if Your Employer is Not Following Asbestos Abatement Protocols

Recognize the Signs of Unsafe Asbestos Handling

Before you take any action, it’s essential to recognize when your employer is not following proper asbestos abatement procedures. Some red flags include:

• Lack of protective gear: Workers not being provided with PPE such as respirators or protective clothing.
• Improper disposal: Asbestos-containing materials not being sealed or disposed of according to regulations.
• No air quality monitoring: Your employer failing to regularly monitor air quality during asbestos removal or renovation activities.
• Untrained workers: Employees handling asbestos materials without proper certification or training.

If you notice any of these issues in your workplace, your health and safety could be at risk, and it’s time to act.

Report Unsafe Conditions to Your Employer

The first step is to address the issue directly with your employer or supervisor. Inform them of your concerns and ask whether proper asbestos abatement protocols are being followed. In some cases, employers may not be aware of the specific requirements, and raising the issue could prompt them to take corrective action.

File a Complaint with OSHA

If your employer fails to take action, you can file a formal complaint with OSHA. OSHA is responsible for enforcing workplace safety regulations, including asbestos abatement. When you file a complaint, OSHA may conduct an inspection of your workplace to determine if there are any violations of asbestos safety regulations.

To file a complaint, you can visit OSHA’s website and fill out a complaint form. You also have the option to file anonymously, which can protect you from any potential retaliation by your employer.

Whistleblower Protections in New Jersey

If you report unsafe working conditions and your employer retaliates—whether by demoting, firing, or discriminating against you in any other way—you are protected under the New Jersey Conscientious Employee Protection Act (CEPA). CEPA is one of the strongest whistleblower protection laws in the country and provides safeguards for employees who speak out against illegal or unsafe practices.

Contact the New Jersey Department of Environmental Protection (DEP)

In addition to OSHA, you can also report violations of asbestos abatement protocols to the New Jersey Department of Environmental Protection (DEP). The DEP enforces state regulations regarding the handling, removal, and disposal of asbestos. If your employer is not following the proper procedures, the DEP can issue fines, penalties, or other enforcement actions to ensure compliance.

Visit the NJ DEP's website for more about reporting unsafe conditions related to asbestos in the workplace.

Seek Legal Assistance

If you’ve been exposed to asbestos due to your employer’s negligence, you may be entitled to compensation for any resulting health problems. Additionally, if your employer retaliates against you for reporting unsafe conditions, you have legal recourse to protect your job and your rights. Contacting a lawyer who specializes in workplace safety or personal injury can help you navigate the legal process and ensure you receive the compensation and protections you deserve.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.

Contact us now for a free legal review.