Phosgene Lawyers

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Is Phosgene?

Phosgene is a colorless, non-flammable gas with an odor that is reminiscent of the smell of freshly cut grass at low concentrations. At high concentrations, it can be suffocating. Phosgene is considered highly valuable because it is an important chemical building block, especially in the production of precursors of polyurethanes and polycarbonate plastics. It is used in the manufacture of plastics and pesticides. At room temperature, however, phosgene is a poisonous gas.

Polyurethanes, in turn, are something the average consumer is familiar with in many forms. Polyurethanes with different chemical structures have many different practical applications. Among the applications are rigid and flexible foams, varnishes and coatings, adhesives, and fibers such as spandex. Foams, however, are the largest application, with 67% of all the polyurethane produced in 2016 going into the production of foams.

Phosgene is critical to manufacturing innumerable products used in everyday life, including flexible foam in upholstered furniture, the rigid foam used as insulation in walls and roofs, and thermoplastic polyurethane used in making medical devices and footwear. It also makes other chemicals such as pesticides, dyestuffs, polycarbonates, and pharmaceuticals.

Exposure to phosgene can occur as inhaling phosgene gas generated by the combustion of products containing phosgene. Exposure mainly occurs during the manufacture of the many products that contain phosgene. Also, phosgene is released while welding metals that have been cleaned with chlorinated solvents, so welders are at risk of exposure to phosgene when welding under certain circumstances.

What Are the Risks of Phosgene Exposure?

The effects of exposure to phosgene are going to depend on the length of exposure and the concentration of phosgene gas or liquid in the substance to which a person is exposed. During World War I, phosgene gas was used extensively and intentionally as a chemical weapon that induced death by choking.

Phosgene was responsible for most deaths from chemical weapons among soldiers in World War I, although mustard gas has received more attention. Phosgene was used more frequently because it is simple and inexpensive to produce in large quantities. Exposure under certain circumstances can be fatal.

Phosgene damages the proteins in the lungs and causes the lungs to stop exchanging oxygen. It is an especially insidious gas because it is colorless and has only a faint, pleasant odor. Also, the symptoms of phosgene inhalation can take a long time to become evident. Japan continued to use phosgene well into World War II. Chemical and biological weapons, including phosgene gas, were banned after World War I. The ban was reinforced in 1971 and again in 1993.

Because phosgene is listed as a Schedule 3 substance under the Chemical Weapons Convention, it is considered too dangerous to transport in large quantities. So, phosgene is usually produced and consumed within the same manufacturing plant using an “on demand” system. This means that only as much is produced at any given time as is consumed. The production and consumption rates are equivalent, so there is no excess phosgene present in a facility. The use of this strategy is supposed to reduce the risk of accidents.

Short-term exposure to phosgene through inhalation can cause several respiratory problems, including coughing, bloody sputum, chest pains, and possibly painful breathing. Physical contact may result in burning and irritation of the skin and eyes. Long-term exposure can lead to chronic pneumonitis and severe lung injuries.

After exposure to high concentrations of phosgene, a person may develop pulmonary edema. This would happen within 2 to 6 hours of the exposure. Unfortunately, the effects of exposure to phosgene may not be apparent for up to 48 hours after exposure. A person might even feel better or appear well after removal from the exposure but develop symptoms later.

Therefore, people exposed to phosgene should be monitored for 48 hours afterward. Among the delayed effects that can appear for up to 48 hours include the following:

  • Difficulty breathing;
  • Coughing up white to pink-tinged fluid, which is an indication of pulmonary edema;
  • Low blood pressure;
  • Heart failure.

Clearly, if a person has been exposed to phosgene gas or phosgene in a liquid form, they should seek immediate medical attention, even if they seem free of symptoms. Most people who recover after exposure to phosgene make a complete recovery. Reportedly, however, chronic bronchitis and emphysema can result from exposure to phosgene gas.

Is Exposure to Phosgene in the Workplace Regulated?

The federal Occupational Safety and Health Administration (OSHA) limits phosgene exposure in the workplace to 0.1 part of phosgene in a million parts of air for an 8-hour work shift or a 40-hour work week. The federal Centers for Disease Control and Prevention offers a wealth of information about how a person can be exposed to phosgene, what the symptoms of exposure are, and how they can be treated. A person can visit the CDC’s website to access this information.

In addition, the federal Agency for Toxic Substances and Disease Registry, a federal public health agency of the U.S. Department of Health and Human Services, also has a website with comprehensive information about phosgene and phosgene exposure.

If a person works in a facility in which phosgene is used in the manufacture of chemical compounds and substances and believes that phosgene is not safely handled, they should first file a complaint with OSHA promptly. A complaint can be submitted to OSHA by fax, telephone, the U.S. Postal Service, or by reporting in person to the nearest regional OSHA office. Or, a person can file a complaint electronically to the OSHA website.

A complaint that OSHA receives by mail or fax is more likely to result in an on-site OSHA inspection. When a person speaks with an OSHA official or describes their complaint to an attorney, they want to present certain information, including the following:

  • A description of the danger and any lack of compliance with OSHA standards of which the person is aware;
  • Where the danger is located; and
  • Whether the person has notified their employer of the problem.

An OSHA inspection should be able to resolve any problems with phosgene exposure in a workplace.

Can I Be Fired for Filing an OSHA Complaint?

Employees who report a problem with possible phosgene exposure in their workplace should not fail to report because they fear retaliation from their employer. That is because OSHA has a whistleblower protection program.

More than 20 whistleblower statutes are in place to protect employees from retaliation for reporting violations of workplace health and safety rules. This protection is critical to OSHA’s mission because employees must feel that they can report threats to health and safety in the workplace if OSHA protections are to be effective.

So, an employee should not hesitate to report an issue with phosgene. It can improve health and safety in their workplace, and they are protected from retaliation by their employer.

What If I Have Been Injured by Phosgene Exposure?

If a person believes they have been injured by phosgene exposure during their employment, they will file a claim for damages with the workers’ compensation system in the state where they work. They want to consult a workers’ compensation attorney for guidance in filing a claim.

Do I Need the Help of a Lawyer for My Phosgene Issue?

You should consult a class action attorney if you or a loved one has become ill because of Phosgene exposure. An experienced personal injury attorney can help you determine who is responsible for your exposure to phosgene and take the appropriate legal action to get proper compensation for your injuries.

Did you find this article helpful?
Not helpfulVery helpful
star-badge.png

16 people have successfully posted their cases

Find a Lawyer