The fumes generated by the combustion of diesel fuel have long been suspected as having harmful effects. Since 1988, diesel exhaust has been classified as “probably carcinogenic” – meaning that while researchers had their suspicions, evidence of the connection was limited. Supported by several recent studies, the World Health Organization – the public health arm of the United Nations – removed the “probably” and announced that diesel fumes are to be considered a carcinogen.
Diesel exhaust now shares the WHO’s Group 1 carcinogen status – the level which includes smoking, asbestos, ultraviolet radiation, and alcohol. Every person has been exposed to diesel fumes at some point – but the principal focus of the research has been occupational exposures. “I don’t think it’s bad to have a diesel car,” said Dr. Otis W. Brawley, Medical Director for the American Cancer Society. “I don’t think it’s good to breathe its exhaust. I’m not concerned about people who walk past a diesel vehicle, I’m a little concerned about people like toll collectors, and I’m very concerned about people like miners, who work where exhaust is concentrated.” One of the most important recent studies focused on coal miners – and found marked increases in bladder and lung cancer from these nonsmoking miners.
While US-based operations are more likely to benefit from newer, cleaner diesel systems than emerging markets, lawyers in the US have taken notice of the WHO’s decision. The reclassification of diesel exhaust is “going to be a big deal,” said Andrew Buchannan, a St. Louis based Plaintiff’s attorney. He believes that as more people learn about the impact of diesel fumes, lawsuits will begin to appear among workers such as truck drivers. Other groups of people that are expected to see higher-than-normal workplace exposures include toll booth workers, forklift and heavy machinery operators, railroad and dock workers, garage workers, and mechanics.
Businesses which utilize diesel fuel in their operations need to assess the conditions under which that fuel is utilized. It will be argued that the WHO announcement puts your operation on notice that the fumes are harmful and you needed to protect your employees and others from the dangers caused by these fumes. With a deep background in litigating toxic exposure claims, including asbestos claims and other workplace toxic exposures, this office can help your business assess its possible exposure.
If you have any questions about the WHO reclassification, please contact Mark Wilczynski at 340-774-4547 or mark@usvilaw.com.