The Occupational Safety and Health Administration (OSHA) sets and enforces permissible exposure limits (PELs) to protect workers. PELs are the maximum amount of a hazardous chemical that a worker may be exposed to by law. Employers who violate these limits may face liability and workplace injury claims. It is important to keep in mind that staying under a permissible exposure limit does not mean a safe level of exposure.Key TakeawaysPermissible exposure limits (PELs) are established by OSHA and state the maximum amount of a specified chemical an employee can be exposed to.Some OSHA exposure limits are outdated. Companies have established their own occupational exposure limits to help keep workers safe from toxic exposure.Individuals who were exposed to unsafe levels of chemicals and developed a related disease may be eligible to file a lawsuit against those responsible. What are permissible exposure limits (PELs)?Permissible exposure limits are the maximum amount an employee can be exposed to a certain chemical substance in their work environment over a specific period of time. The Occupational Safety and Health Administration (OSHA) has established permissible exposure limits for various types of chemicals to protect workers from potential health effects caused by prolonged unsafe exposure.It is important to note that for many chemicals and substances, no level of exposure is considered safe. Exposure at any level may lead to adverse health effects.Industries at risk of toxic exposureSeveral industries may be at a higher risk of toxic exposure because of the machinery and materials they work with daily. These include:ConstructionDemolitionManufacturingOil & gasShipyards OSHA permissible exposure limitsOSHA has established permissible exposure limits for a variety of chemicals and substances. Most of these limits were created based on a time-weighted average (TWA), which is focused on limits for anyone working more than an 8-hour workday and 40-hour work week.Permissible exposure limit for asbestosAccording to OSHA, the PEL for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average. Asbestos fibers are microscopic and can be dangerous even when not visible to the naked eye. This PEL equates to 0.1 fibers in a cube of air about the size of a small green pea.But as many as a million particles could spread through the air in a room at this rate. Asbestos fibers don’t disintegrate, and over time and continued exposure, they can accumulate in the body.If asbestos is disturbed, the fibers may become airborne. From there, they can be inhaled or ingested and get trapped in the body, where they can develop into asbestos-related diseases over long periods of time. Workers exposed to asbestos may be at risk of developing mesothelioma, asbestosis or lung cancer.Lead permissible exposure limitAccording to OSHA, the lead PEL is 50 µg/m3 (50 micrograms per cubic meter) as a time-weighted average over an 8-hour workday. That amount is about the same as a grain of sand inside a large refrigerator. If employees work more than 8 hours, the exposure limit is reduced using the equation PEL = 400/hours worked by the employee.Lead may still be present in paint on walls and ceilings, dishware, dust-containing lead, contaminated soil and many other products. Lead also accumulates in the body, and exposure to lead may cause lead poisoning. This type of poisoning is especially dangerous to children, but also adults.Permissible exposure limit for respirable crystalline silicaAccording to OSHA, the PEL for respirable crystalline silica is 50 μg/m3 (50 micrograms per cubic meter), calculated as an 8-hour time-weighted average. That amount is about the same as for lead — a grain of sand inside a large refrigerator.Crystalline silica is a type of mineral. It can be found in construction materials, glass, pottery, ceramics and artificial stone. It does not break down and also accumulates in the body. Exposure to silica dust can lead to the development of silicosis, a potentially fatal lung disease. Why “legal” limits don’t always reflect modern scienceOSHA has admitted that many of its permissible exposure limits are outdated and may not ensure proper protection for workers. Most of the limits were established in 1970 and haven’t been changed since then. As more information and scientific studies become available, the more we learn about the negative health effects of various chemicals.OSHA standards may not be the safest guidelines for companies to follow since they don’t factor in any new scientific findings about toxic exposure. To better protect employees, some organizations have set up their own occupational exposure limits that are stricter and better aligned with current research and regulations. If you developed health issues “within legal limits,” do you still have a claim?Because OSHA PELs are not safe levels, companies may not be acting appropriately when it comes to providing adequate protection for their employees.Victims may be eligible to file a workers' compensation claim depending on the specific situation, medical illness and parties involved. However, workers’ compensation may only cover some medical expenses and lost wages, not full financial support for other pain and suffering claims.If eligible, filing a personal injury lawsuit may be the right legal action for your situation. Because it’s not workers’ compensation, victims may be able to receive proper compensation for the harms they’ve experienced. Even if the plaintiff’s company was following OSHA PELs, you may still have a claim if:The defendant owed you a legal duty of care and they breached that dutyYou suffered bodily harmThe breach of duty was the cause of your bodily harmYou have proper evidence fully supporting your personal injury claimConsulting with an attorney who has experience with personal injury lawsuits can help build your case and advocate for your rights. Our toxic exposure litigation experienceOur attorneys have experience handling various toxic exposure claims for individuals, families, communities and states. These cases are not only seeking recovery for the victims, but focus on improving environmental standards as well.Motley Rice attorneys have litigated on toxic exposure claims involving:Asbestos exposure and mesotheliomaPFAS contamination and exposureCamp Lejeune water contaminationRoundup weed killerRead more on our toxic exposure litigation experience.SourcesOccupational Safety and Health Administration. OSHA Fact Sheet.Occupational Safety and Health Administration. Permissible Exposure Limits – Annotated Tables.Occupational Safety and Health Administration. Silica, Crystalline.Princeton University Environmental Health and Safety. Chemical Exposure: How Much is Too Much?U.S. Centers for Disease Control and Prevention. Information for Employers.About The Author Anne McGinness Kearse MemberWith more than two decades of experience in complex litigation, Anne brings a passion for justice to each case, working for her clients and seeking to bring those responsible to account.
Anne McGinness Kearse MemberWith more than two decades of experience in complex litigation, Anne brings a passion for justice to each case, working for her clients and seeking to bring those responsible to account.