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Union members claims for toxic exposure

Trade unions have represented American workers since the early 20th century, fighting for fair wages and working conditions as well as protection from hazards on the job. Across construction, industrial, railroad, and maritime work, that fight has centered on protecting members from carcinogens common in these industries.

Millions of union members across these industries have faced serious occupational exposure to carcinogens over the course of their careers. Over 10 million employees were exposed to asbestos on the job between 1940 and 1978 alone, many of them union workers in construction and industrial trades. Firefighters and military personnel represented by their unions have faced decades of exposure to AFFF, while railroad and maritime workers have faced their own long-standing risks tied to asbestos, diesel exhaust, and other hazardous materials common aboard locomotives, ships, and industrial worksites.

Since the beginning of the last century, dozens of unions have formed to represent workers in these industries, many of which still exist today. While they are best known for bargaining over wages, benefits, and working conditions, unions have been equally instrumental in protecting their members from hazardous materials and unsafe job conditions. Unions were warning workers and companies about the dangers of workplace carcinogens decades ago, but their voices were not loud enough, since companies had always been putting profit over workers' safety, which has led to employees being continually exposed to asbestos, AFFF, and other hazardous substances.

Construction and industrial trade unions

Members of construction and industrial unions often worked directly with asbestos-containing products or disturbed existing asbestos during maintenance and renovation projects. These workers frequently encountered asbestos insulation, pipe coverings, cement products, gaskets, refractory materials, brake components, roofing products, and fireproofing materials. Unions representing these workers include:

  • International Brotherhood of Boilermakers
  • United Association (UA) of Plumbers and Pipefitters
  • International Brotherhood of Electrical Workers (IBEW)
  • Laborers' International Union of North America (LIUNA)
  • International Union of Bricklayers and Allied Craftworkers (BAC)
  • International Union of Elevator Constructors (IUEC)
  • International Association of Heat and Frost Insulators and Allied Workers
  • SMART (formerly Sheet Metal Workers International Association)
  • United Steelworkers (USW)
  • United Auto Workers (UAW)
  • Utility Workers Union of America (UWUA)
  • United Union of Roofers, Waterproofers & Allied Workers
  • International Longshoremen's Association (ILA)
  • International Association of Fire Fighters (IAFF)

For instance, the United Steelworkers Union has lobbied Congress for decades in the hope of amending the current Toxic Substances Control Act to better protect workers. The union presented its latest case in 2013 to a House of Representatives Subcommittee, citing the ineffectiveness of the Environmental Protection Agency and the laws that have prevented the complete ban of asbestos in the workplace. The agency had banned asbestos in 1989, but the decision was overturned in federal court in 1991. According to the official report submitted to Congress in 2013, the EPA has not attempted to ban another substance since that ruling.

The International Association of Fire Fighters (IAFF) has also pushed for stronger protections against AFFF, since members of this union were exposed to PFAS chemicals for decades through firefighting foam used to suppress fuel fires at fire academies, airports, and industrial sites.

Railroad union members

Railroad workers represented by labor unions also experienced significant occupational exposure to hazardous substances throughout much of the twentieth century. Steam locomotives, diesel locomotives, railcars, repair shops, and maintenance facilities all relied heavily on asbestos insulation and friction products, and railroad fire crews handling fuel-related emergencies may have also encountered AFFF. Railroad unions whose members commonly worked around these hazards include:

  • Brotherhood of Locomotive Engineers and Trainmen (BLET)
  • SMART Transportation Division (formerly United Transportation Union)
  • Brotherhood of Railroad Signalmen
  • International Association of Machinists and Aerospace Workers (IAM)
  • International Brotherhood of Electrical Workers (IBEW)
  • Transport Workers Union of America (TWU)
  • Brotherhood Railway Carmen Division (TCU/IAM)
  • American Train Dispatchers Association

Occupations with elevated exposure included locomotive engineers, conductors, railroad machinists, carmen, electricians, signal maintainers, pipefitters, roundhouse workers, shop mechanics, and boiler workers. These workers often handled asbestos-containing brake shoes, locomotive insulation, gaskets, packing materials, steam pipes, electrical insulation, and engine components.

Many railroad workers diagnosed with mesothelioma, lung cancer, or other conditions tied to occupational exposure may also have rights under the Federal Employers' Liability Act (FELA), depending on the circumstances of their exposure.

Maritime union members

Maritime workers experienced some of the highest occupational exposure rates to hazardous materials because ships built before the 1980s contained extensive asbestos insulation throughout engine rooms, boiler rooms, pipe systems, pumps, valves, turbines, and bulkheads. Shipboard firefighting crews and damage control personnel also faced regular contact with AFFF as part of their emergency response duties. Maritime unions whose members frequently worked around these hazards include:

  • International Organization of Masters, Mates & Pilots (MM&P)
  • Seafarers International Union (SIU)
  • Marine Engineers' Beneficial Association (MEBA)
  • American Maritime Officers (AMO)
  • International Longshoremen's Association (ILA)
  • International Longshore and Warehouse Union (ILWU)
  • Inlandboatmen's Union
  • International Union of Operating Engineers (IUOE), for marine equipment operations

Occupations with elevated exposure included merchant mariners, marine engineers, engine room personnel, ship electricians, shipyard repair workers, longshore workers, pipefitters, boilermakers, and maintenance mechanics. Workers routinely encountered asbestos and AFFF during ship construction, vessel repairs, engine overhauls, firefighting drills, and machinery maintenance. Seamen exposed to carcinogens can file a claim under the Jones Act.

Paraquat and agricultural union members

Farmworkers represented by agricultural unions have faced ongoing exposure to paraquat and other pesticides due to the nature of field work, often without adequate training, protective equipment, or warning from manufacturers about the risks. These unions have been among the most active in pushing for stronger pesticide safety protections for their members:

  • United Farm Workers (UFW)
  • Farm Labor Organizing Committee (FLOC)
  • Pineros y Campesinos Unidos del Noroeste (PCUN)
  • Farmworker Association of Florida
  • Agricultural Workers Organizing Committee (AWOC)
  • National Farm Workers Association (NFWA)
  • United Cannery, Agricultural, Packing and Allied Workers of America (UCAPAWA)

Occupations with elevated paraquat exposure include farmers, tank fillers, herbicide applicators, and chemical mixers who worked in or near recently sprayed fields. Paraquat-exposed farmworkers are at an increased risk of developing Parkinson’s disease, and those union members who worked in those conditions may be able to seek compensation.

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