A Risk for Latino Workers

Chemical hazards in the workplace disproportionately affect Latino workers, especially those in construction, agriculture, and manufacturing.

According to the Bureau of Labor Statistics, foreign-born Hispanics comprise 8.6% of the workforce, yet account for 14.4% of all fatal work-related deaths. This highlights a serious disparity in workplace safety.

This article examines one of the sources of these dangers: chemical hazard exposure.

Sources of Chemical Hazards at Work

Workers face toxic chemicals at work in a variety of forms: asbestos dust, lead dust, fumes, vapors, and liquid chemicals. The Bureau of Labour Statistics found that each year between 33 and 55 U.S. workers die from single episodes of inhaling chemicals. Inhalation exposures included gases such as carbon monoxide and hydrogen sulfide.

Latino workers are disproportionately employed in hazardous industries, and often face barriers to training, reporting, and protective equipment access.

Construction Industry: A Chemical Hazard Hotspot

Latino workers, particularly foreign-born, are heavily represented in construction and are exposed to elevated risks:

• In 2021, foreign-born Hispanic or Latino workers suffered 727 fatal work injuries, the highest number since records began, and up from 692 in 2020, a 5.1% increase according to the Bureau of Labor Statistics.
• That same year, construction trades workers accounted for 228 of those fatalities.
• In 2023, 839 of 1,250 Hispanic or Latino worker fatalities, 67.1%, were foreign-born, and 315, 37.5%, of those occurred in private construction.
• According to a study published in the National Library of Medicine, 6.5% of Hispanic workers are exposed to solvents, and 8.5% were exposed to metals that might cause some type of chemical exposure that can cause health issues.

Regardless of their immigration status, all workers have the right to a safe workplace, and all employers must follow federal and local safety standards to ensure their wellbeing.

How to Protect Against Chemical Substances at Work

There are two main processes that help reduce exposure to chemical hazards at work:

Personal Protection Measures

When collective controls or safe work organization can’t eliminate risk, personal protective equipment is used that can help reduce lead exposure at construction sites, such as:

• Protective clothing, of which there are six basic types:
  1. Types 1 and 2: sealed against gases, vapors, liquids, and fine particles
  2. Type 3: resists liquid streams
  3. Type 4: resists sprayed liquids
  4. Type 5: for dust protection
  5. Type 6: limited protection against liquid chemicals
• Eye and face protection: Safety glasses, tight-fitting goggles, face shields, and welding shields can reduce contact injuries and chemical burns, especially from splashes or airborne particles, such as asbestos or lead.
• Respiratory protection: Either purifying inhaled air via filters or absorbers, or supplying clean air through insulated equipment. Purifying filters remove dust and mists; absorbers address gases via chemical reaction.

Safe Storage of Chemical Substances

Proper storage is vital to prevent accidents or poisoning:

• Workers must be trained on hazards, safe handling, and storage protocols.
• Chemicals should be stored in ways that prevent fire, explosion, or poisoning. Facilities need ventilation and warning systems.
• Without lifts, shelving should be no more than 1.5 m high. Glass containers must stay on lower shelves.
• Emergency equipment, like extinguishers and neutralizing agents, must be readily available and suitable for the chemical hazard.
• Flammable chemicals should be stored in minimal amounts, following the manufacturer’s instructions.
• Incompatible substances must be kept separately. All containers must be clearly labeled and placed in designated zones, with permanent, visible markings.

What Are OSHA Standards on Chemical Hazards?

Under OSHA’s Hazard Communication Standard, employers must:

• Maintain written hazard-communication programs with lists of hazardous chemicals present.
• Label chemical containers properly.
• Keep and make accessible Safety Data Sheets (SDSs).
• Train employees on chemical hazards and protective actions. Training must be done in a language the worker understands.

What to Do in Case of Exposure to Chemical Hazards

If a worker is exposed to toxic chemicals at work, asbestos exposure, or lead poisoning at work, immediate steps include:

1. Remove the worker from exposure and ensure they receive fresh air.
2. Decontaminate, use HEPA vacuums or wet wipes to prevent dispersal.
3. Seek medical evaluation. Even minor symptoms could indicate serious internal damage.
4. Report the incident per OSHA and internal protocols, preserving evidence.
5. Evaluate workplace controls to prevent future occurrences. For example: better ventilation, improved personal protective equipment that can help reduce lead exposure at construction sites, and enhanced training in a language workers understand.

What Can a Personal Injury Lawyer Do for You If You Have Been Exposed to Chemical Hazards

If you’ve suffered harm from toxic exposure, such as asbestos exposure or lead poisoning at work, chemical exposure injury lawyers can assist you by:

• Evaluating whether your exposure resulted from employer negligence or regulatory violations.
• Guiding you through workers’ compensation claims and pursuing third-party liability if warranted.
• Coordinating access to medical specialists familiar with occupational toxicology.
• Seeking financial recovery for medical bills, lost income, and future care as needed.
• Build up a case to sue an employer or building owner, if viable.

Workers’ Compensation for Chemical Exposure Cases

Workers’ compensation is often the first line of financial relief for employees injured by chemical hazards. In New York, this insurance system is designed to provide benefits without requiring proof of employer fault. Workers who develop illnesses like lead poisoning at work or lung damage from toxic exposure may qualify for:

• Medical benefits: Coverage for doctor visits, hospitalizations, medications, and long-term care directly linked to the workplace exposure.
• Wage replacement: Partial payment of lost wages if the worker is unable to return to their job during recovery.
• Disability benefits: Compensation for temporary or permanent disabilities caused by workplace exposure, with the amount depending on the severity of the condition.
• Death benefits: If exposure leads to a fatal illness, surviving family members may receive funeral expenses and ongoing financial support.

Although workers’ compensation provides important protections, the benefits may be limited. They typically do not cover pain and suffering or punitive damages, which is why some workers may also consider legal action against third parties or negligent employers.

Compensation Through Lawsuits Against Responsible Parties

When exposure results from negligence by parties other than the employer or when the employer acted in a negligent manner, a lawyer may pursue a personal injury or wrongful death lawsuit. Unlike workers’ compensation, these cases require proof of liability but can result in broader financial recovery, including:

• Full medical costs: Reimbursement for past, present, and future medical treatment that workers’ compensation may not fully cover.
• Lost income and diminished earning capacity: Compensation not only for wages already lost but also for future earnings a worker may never be able to achieve because of lasting health conditions.
• Pain and suffering damages: Monetary awards for physical pain, emotional distress, and reduced quality of life caused by chronic pain, disability, or illnesses.
• Punitive damages: In cases of gross negligence, such as willful disregard of OSHA safety standards, courts may award additional damages to punish the responsible party and deter similar conduct.

Victims of chemical hazards can maximize their recovery and secure resources for long-term care and financial stability by contacting experienced workplace injury lawyers. Suing employers or third parties not only helps chemical hazard victims obtain the compensation they deserve, but also incentivizes all employers and property owners to follow all federal and local safety standards to protect workers.