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More About Toxic Tort Law
Exposure to any biological or fabricated material that causes immediate or long-term adverse health effects can be described as "chemical exposure". The area of law that addresses chemical exposure issues is termed toxic tort. A large portion of toxic tort law involves workplace hazards, but exposures to dangerous substances can occur in homes, as well as throughout entire communities.
According to the Occupational Safety and Health Administration (OSHA), over 100,000 potentially unsafe chemicals may be present in workplace environments. OSHA defines chemicals as including "dusts, mixtures, and common materials such as paints, fuels, and solvents". Each substance has distinctly documented safety information that is not always enough. The following provides some information on applicable legislation, government agencies and the litigious process surrounding toxic tort.
In general, the following are the guidelines/organizations that are applicable to chemical exposure issues and toxic tort:
- Toxic Substances Control Act of 1976 - Provides the Environmental Protection Agency (EPA) the license to track, restrict or otherwise regulate risky chemicals.
- Occupational Safety and Health Act of 1970 - The Occupational Safety and Health Administration (OSHA) is overseen by the Department of Labor. OSHA has set "permissible exposure limits" (PELs) for the concentration of 400 regulated hazardous substances in the workplace. These limits are based on an average amount of dangerous chemicals over an eight-hour period of time, or the effects on the skin during exposure. Regulation may differ from state to state due to OSHA approval of state-specific regulatory frameworks.
- Centers for Disease Control and Prevention (CDC) - The Center is a part of the Department of Health and Human Services (DHHS). The CDC is a resource for information regarding toxicity and poisons, and for statistics and data surrounding the prevalence and hazardous amounts of exposure.
- Agency for Toxic Substances and Disease Registry (ATSDR) - The Agency is another branch of the DHHS. It is an advisory, non-regulatory body. The ATSDR is an excellent resource for community trends, and detailed scientific information.
- National Institute of Health (NIH) - The NIH describes chemicals, symptoms and specific jobs that may present health concerns; they provide detailed information about each category of criteria.
The CDC issued the Third National Report on Human Exposure to Environmental Chemicals in July 2005. The report addressed the levels of many chemicals in a random sample of the population. The study tested 148 different substances including metals, hydrocarbons, dioxins, phthalates, phytoestrogens, pesticides, herbicides and insecticides. In general, the report concluded that the level of occurrence for most chemicals on an average in the American population is increasing.
If an individual is in doubt about toxic levels of exposure to a particular chemical and/or the potential contact thresholds of the substance, care should be taken prior to exposure. Most chemicals that have shown to produce ill effects when concentrated are required to have Material Safety Data Sheets (MSDS) giving full disclosure with regard to the observed health concerns. MSDS information is available online and from the manufacturer of the chemicals in question. In any situation of repeated exposure, it is prudent to obtain an MSDS and to discuss any adverse health issues with a physician.
When an individual believes there has been exposure to a chemical that violates any health and safety law(s) there may be a toxic tort case. In these cases, attorneys use the expertise of toxicologists and certified industrial hygienists and the burden of proof is not as demanding as the concept of "beyond a reasonable doubt". That is, those in judgment must only recognize that it is more likely than not that the alleged causes are responsible for the observed health problems. In cases where damages are awarded the remuneration usually includes an estimate for future monetary amounts. The final calculations of awards generally include:
- The cost of past and future medical care
- The cost of necessary rehabilitation
- Loss of past and future wages
- Loss of earning capacity and related fringe benefits
- Loss of enjoyment of life
- Pain and suffering associated with the toxic exposure
- Embarrassment, humiliation, and inconvenience
Harmful chemical exposure can cause individuals to suffer serious health risks sometimes due to negligence. There are legal recourses when individuals have been unknowingly injured through exposure.






