Asbestos

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93 cases
  • Kesner v. Superior Court of Alameda Cnty.
    • United States
    • California Supreme Court
    • 1 Diciembre 2016
    ... ... Park and Ethan P. Davis, San Francisco, for Western States Petroleum Association as Amici Curiae on behalf of Defendant and Respondent BNSF Railway Company. Liu, J. 1 Cal.5th 1140 These two cases ask whether employers or landowners owe a duty of care to prevent secondary exposure to asbestos. Such exposure, sometimes called domestic or take-home exposure, occurs when a worker who is directly exposed to a toxin carries it home on his or her person or clothing, and a household member is in turn 210 Cal.Rptr.3d 289 exposed through physical proximity or contact with that worker or the ... ...
  • Metro-North Commuter R.R. v. Buckley
    • United States
    • U.S. Supreme Court
    • 23 Junio 1997
    ... ... METRO-NORTH COMMUTER RAILROAD COMPANY, Petitioner, ... Michael BUCKLEY ... No. 96-320 ... Supreme Court of the United States ... Argued Feb. 18, 1997 ... Decided June 23, 1997 ... Syllabus * ... Respondent Buckley was exposed to insulation dust containing asbestos while employed as a pipefitter by petitioner railroad. Since attending an asbestos awareness class, he has feared, with some cause, that he will develop cancer. Thus far, periodic medical check-ups have revealed no evidence of asbestos-related disease. Buckley filed suit under the Federal ... ...
  • United Steelworkers of America, AFL-CIO-CLC v. Schuylkill Metals Corp.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 2 Octubre 1987
    ... ... Higgins v. Marshall, 584 F.2d 1035, 1037 (1978), cert. denied, 441 U.S. 931, 99 S.Ct. 2051, 60 L.Ed.2d 659 (1979) ...         In addition to the FMHSA MRP, the Secretary previously had promulgated an asbestos MRP, pursuant to his power under the OSH Act. This standard provided MRP benefits that were as narrow in scope as the FMHSA MRP. 29 C.F.R. 1910.1001(g)(3)(iv) (1986) (a worker transferred because unable to wear a respirator must be "given ... the same seniority, status and rate of pay he had just ... ...
  • Donovan v. Oil, Chemical, and Atomic Workers Intern. Union and Its Local 4-23
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 7 Noviembre 1983
    ... ... 7 After a hearing on the first citation, the ALJ rejected the Union's objections and approved the agreement. At the second hearing, another ALJ upheld the second agreement, and refused the Union's proffer of evidence purporting to show that certain asbestos-related violations were properly characterized as serious and that the Company had failed to take appropriate corrective measures when removing asbestos ...         Undaunted, the Union next sought to invoke the Commission's discretionary authority to review the ALJ's rulings. 8 The ... ...
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1 firm's commentaries
  • OSHA Announces Lockout/Tagout and Standards Improvement Project Developments
    • United States
    • JD Supra United States
    • 31 Mayo 2019
    ...but not require, the use of digital chest x-rays in the medical surveillance provisions of 29 C.F.R. §§ 1910.1018, 1910.1029, 1910.1045, 1910.1001, 1915.1001, 1926.1101, 1910.1027, and 1926.1127. In the third revision, OSHA replaced “roentgenogram” with “x-ray,” which reflects current termi......
4 books & journal articles
  • Courts as Policymakers: The Uneven Justice of Asbestos Mass Tort Litigation
    • United States
    • Looking back to move forward: resolving health & environmental crises Section I
    • 11 Octubre 2020
    ...the 44. Emergency Standard for Exposure to Asbestos Dust, 36 Fed. Reg. 23207 (Dec. 2, 1971) (to be codiied at 29 C.F.R. pt. 1910). 45. 29 C.F.R. §1910.1001 (imposing an eight-hour TWA exposure limit of 5 f/cc efective immediately and declining to 2 f/cc in 1976). 46. Lemen & Landrigan, supr......
  • Asbestos: a legal primer for Air Force installation attorneys.
    • United States
    • Air Force Law Review No. 54, December 2004
    • 22 Diciembre 2004
    ...as transite are an example of Category II material. Id. (8) Id. (9) See EPA Asbestos Factsheet, supra note 3. (10) Id. (11) Id. (12) 29 C.F.R. § 1910.1001(b)(2003). Defining ACM as material containing greater than 1% (13) Id. See also 29 C.F.R. § 1926.1101(b) (2003); and Demolition Practice......
  • What Real Estate Lawyers Should Know About Osha's New Asbestos Standards
    • United States
    • Colorado Bar Association Colorado Lawyer No. 24-12, December 1995
    • Invalid date
    ...are divided into three major categories, each of which is contained in a separate statute. They are: (1) general industry standards (29 C.F.R. § 1910.1001); (2) standards for construction work (29 C.F.R. § 1926.1101); and (3) standards for ship repairing, shipbuilding and shipbreaking emplo......
  • State and Federal Legislative Response to the Asbestos Threat
    • United States
    • Colorado Bar Association Colorado Lawyer No. 17-10, October 1988
    • Invalid date
    ...and Industry, supra, note 19 at 9. 35. Id. 36. 51 Fed. Reg. 22,612 (June 20, 1986). 37. 20 C.F.R. parts 1910 and 1926(1987). 38. 29 C.F.R. §§ 1910.1001(c); 1926.58(c) (1987). 39. 51 Fed. Reg. 22,677 (June 20, 1986). 40. 51 Fed. Reg. 22,683-84 (June 20, 1986). 41. 49 U.S.C. § 1801 et seq. (1......
9 provisions
  • MO Register Vol. 43 No. 12. (Pages 1253-1412)
    • United States
    • Missouri Register
    • Invalid date
    ...(3) or more citations or violations of existing asbestos regulations within the last two (2) years; D. Three (3) or more violations of 29 CFR 1910.1001 or 29 CFR 1926.1101 within the last two (2) E. Fraud or failure to disclose facts relevant to their application; and F. Any other informati......
  • MO Register Vol. 44 No. 22. (Page 2811-2880)
    • United States
    • Missouri Register
    • Invalid date
    ...(3) or more citations or violations of existing asbestos regulations within the last two (2) years; D. Three (3) or more violations of 29 CFR 1910.1001 or 29 CFR 1926.1101 within the last two (2) years; E. Fraud or failure to disclose facts relevant to their application; and F. Any other in......
  • 29 C.F.R. § 1910.1001 Asbestos
    • United States
    • Code of Federal Regulations 2019 Edition Title 29. Labor Subtitle B. Regulations Relating to Labor Chapter XVII. Occupational Safety and Health Administration, Department of Labor Part 1910. Occupational Safety and Health Standards Subpart Z. Toxic and Hazardous Substances
    • 1 Enero 2019
    ...Institute for Occupational Safety and Health, Cincinnati, OH, 1977. pp. 239-1-239-21. 8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite. Final Rule, Federal Register 51:119 (20 June 1986). pp.22612-22790. 8.7. Asbesto......
  • 29 C.F.R. § 1910.1001 Asbestos
    • United States
    • Code of Federal Regulations 2021 Edition Title 29. Labor Subtitle B. Regulations Relating to Labor Chapter XVII. Occupational Safety and Health Administration, Department of Labor Part 1910. Occupational Safety and Health Standards Subpart Z. Toxic and Hazardous Substances
    • 1 Enero 2021
    ...Institute for Occupational Safety and Health, Cincinnati, OH, 1977. pp. 239-1-239-21. 8.5. Asbestos, Code of Federal Regulations 29 CFR 1910.1001. Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite. Final Rule, Federal Register 51:119 (20 June 1986). pp.22612-22790. 8.7. Asbesto......
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