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3/23/2016

Worker Claims Retaliation After Report of Asbestos

A Yellowstone National Park maintenance worker made a report claiming that he and five other employers were unknowingly exposed to asbestos at an archaic lodge. Now, he claims that a park concession company has taken action to retaliate against him via slander and allegedly refusing to renew his contract.

According to a Yellowstone spokesperson, the asbestos at the Old Faithful Inn was cleaned up before opening to guests in May. As a result of the claimed exposure, Xanterra Parks & Resorts was cited four times and paid in excess of $15,300 in fines last September. Wyoming Occupational Safety and Health Administrator John Ysebaert claimed that the six workers were not provided with adequate equipment before entering the lodge and were exposed to the cancer-causing fibers.

The workers provided OSHA documents arguing that asbestos had escaped from Old Faithful Inn’s old pipe insulation while they were working. He also stated that none of the workers were aware of the dangers before they had ripped into the walls.

This particular case is special because it involves two facets of the law. The first is the asbestos exposure, which has the potential to cause mesothelioma and other lung cancers. The second is the direct violation of labor laws if retaliation from the employer did in fact occur. In Wyoming, workers’ compensation laws restrict employees from filing a lawsuit against employers for workplace injuries, including reports of asbestos exposure.

In either case, our team at Bailey Cowan Heckaman PLLC knows how to protect workers’ rights. We know the laws concerning asbestos exposure and the Fair Standard Labors Act. If you are dealing with any kind of mesothelioma or labor law case, reach out to our firm and learn how we may be able to help. Call us today to speak with our attorneys about a potential claim.

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