Birth Defects and Chemicals
Below is a MRR and PLR article in category Health Fitness -> subcategory Other.
Birth Defects and Chemical Exposure
Summary
Chemical exposure during pregnancy can have devastating effects on a developing fetus, leading to birth defects, developmental delays, and lifelong health issues. These problems, which are entirely preventable, arise from altered DNA caused by exposure to harmful substances.
The Impact of Dangerous Chemicals
Historically, it’s well-documented that certain chemicals pose significant risks to unborn children, yet many manufacturers have downplayed these risks to maintain sales. The same chemicals implicated in cancer cases often cause birth defects by disrupting DNA. As a result, manufacturers frequently face legal action for failing to adequately warn about these dangers.
Regulatory Shortcomings
The American Conference of Industrial Hygienists, heavily influenced by the chemical industry, sets exposure standards primarily aimed at preventing immediate health issues. Unfortunately, OSHA adopts these insufficient standards, allowing companies to claim compliance even when exposure levels are dangerously high. In this regulatory environment, pregnant workers are often exposed to levels far exceeding those deemed safe by other health regulations.
California's Proposition 65
In contrast to OSHA, California's Proposition 65 establishes rigorous health standards, limiting chemical concentrations in air and water to prevent more than one additional cancer case per million people over a lifetime. These standards highlight the stark difference in protection levels offered by environmental versus occupational regulations.
Comparative Exposure Limits
- Methylene Chloride: Environmental limit is 0.001 ppm; OSHA allows 25 ppm.
- Benzene: Health standard is 1 ppb; OSHA permits 1 ppm.
- Epichlorohydrin: Environmental limit is 0.001 ppm; OSHA allows 2 ppm.
- Trichloroethylene: Health standard is 0.007 ppm; OSHA permits 25 ppm.
- Perchloroethylene: Environmental limit is 0.003 ppm; OSHA allows 25 ppm.
These discrepancies expose workers to excessively high levels of harmful chemicals, while employers remain legally protected, unable to be sued beyond the limited scope of workers’ compensation.
Legal Recourse for Affected Families
Unborn children exposed to harmful chemicals are entitled to legal protection, and parents can seek justice outside of the workers’ compensation system. Most states allow lawsuits to be filed up to two years after the affected individual turns 18, with Tennessee being an exception at one year.
The principle of "delayed discovery" may extend the filing period, allowing the statute of limitations to start when the injury is identified. However, acting promptly is crucial, especially for gathering evidence and witness testimony.
Conclusion
Protecting future generations requires awareness and action. Pregnant employees working with chemicals should seek legal advice to safeguard the health of their unborn children. Identifying culpable manufacturers and proving exposure levels are pivotal steps in the pursuit of justice.
Onward,
Richard Alexander
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