The Legal Aspects: Liability for Exposure of Lawn Crews to Health Hazards?

In big cities and their suburbs, the people who spend hours each day handling lawn equipment -- leaf blowers, lawn mower, weed whackers, chain saws -- are generally members of hired crews. These workers, in turn, are generally low-wage, often immigrant or non-English speaking. Few are on long-term salaries or with good health-benefit plans. Thus the people most exposed to the potentially damaging side effects of dirty two-stroke gas engines -- the noise, the vapors and particulate emissions, the dust, spores, and animal-fecal matter they blow up -- are generally those with the fewest financial or medical resources to protect themselves.

The resulting workplace-justice imbalance is one that law firms have begun to notice. Consider this posting from the Bollinger Law Firm of North Carolina. Relevant passages:

Though the look of trimmed grass and shaped hedges may be aesthetically pleasing, achieving this look often means that North Carolina workers in the landscaping industry have to work in various conditions. Additionally, they may also face hazards that could potentially lead to workplace illness.

One man in another state faced health issues due to exposure to exhaust emitted from a gas-powered leaf blower he used during his landscaping duties. The man was apparently in the industry for five years before having to give up his first job due to experiencing migraine headaches nearly every day. He later took a position with a landscaping company that used electric machines, and the headaches subsided....

Information that is available indicates that toxic fumes are often emitted from gas-powered machines as well as ultrafine particles that workers may breathe into their lungs. These particles could potentially lead to illnesses such as lung cancer and heart disease or other health issues like asthma....

If North Carolina workers have become ill due to job-related duties, they may wonder what options they have for addressing the situation. When it comes to potentially obtaining financial assistance, workers' compensation may be able to help. Therefore, workers may want to gain more information on this option.

The fear of legal liability is a crude instrument through which to make ongoing social decisions. But it has had a profound effect -- in auto and aviation safety, in policy toward cigarettes, in workplace safety rules, and in countless other realms. As the evidence of the ongoing risk to a largely vulnerable population piles up -- for instance, see this Fair Warning report -- it may become part of the debate over hyper-polluting small engines as well.

Update: the Regan Zambri Long firm of Washington D.C. has put up a post to similar effect:

  • Flying debris. Leaf blowers use high-velocity air to send leaves, dust, dirt and even small stones airborne, any of which can become a projectile causing eye or skin injuries to anyone in the path.... 
  • Hearing damage. Leaf blowers can be very loud, causing permanent hearing loss in the user and/or others nearby. ...
  • Respiratory issues. Along with projectiles, leaf blowers kick up dust, which may include allergens, causing respiratory problems in those who are allergic or sensitive. Additionally, gas-powered blowers emit carbon monoxide and noxious fumes which can overcome those nearby.... 
  • Burns/electric shock. Gas-powered blowers can get hot around the motor, burning the skin if you accidently touch the housing. Electric-powered blowers can cause shock or electrocution if the wiring becomes exposed or damaged.