Oil Refinery Workers

Oil Refinery Workers & Leukemia

There are more than 40,000 oil refinery workers in the United States and tragically, an unusually high number of them will end up with leukemias like acute myeloid leukemia, multiple myeloma and myelodysplastic syndrome. These diseases are caused by exposures to benzene, a component of crude oil. Benzene is released during various refinery processes and can be inhaled as a vapor, absorbed through the skin, and ingested.

The United States has over 130 refineries across 30 states. Most of the largest refineries are in Texas and Louisiana. Illinois, Mississippi, and Indiana also lead the way in crude oil distillation. Some of the largest refineries are owned by petrochemical giants like Marathon, Valero, Phillips 66, Exxon Mobil, Chevron, BP and Shell. Refinery workers have named these companies as defendants in leukemia case.

Refinery owners were aware of the connection between benzene and certain cancers, including leukemia, since the 1950s. Despite that notice, they did not require, let alone provide, proper training, breathing protection and personal protective equipment (PPE) for their employees and on-site contractors. As a result, petroleum refinery workers are twice as likely to die from toxic workplace exposures than the general public. 

Refineries are sprawling networks of piping, chemical processing units, distillation columns and storage tanks. It takes millwrights, welders, electricians, pipefitters, and many different types of engineers to keep them running. Most of these refinery workers at some point or another come into contact with leukemia-causing benzene.  

Benzene Odor Threshold 

If you recall smelling a sweet, aromatic, gasoline-like aroma in the air, you were likely smelling benzene. At the point where you could smell benzene (the “odor threshold”), you were inhaling unsafe levels of the chemical. Benzene is a known carcinogen. Our experts will testify that there is no safe level of exposure to a known carcinogen.

Benzene Exposures

Benzene is present in gasoline, toluene, asphalt, paraffin wax and other by-products of crude oil. When you get benzene-containing fuels and solvents on your skin, the benzene can be absorbed into your bloodstream. So millwrights using some solvent to clean their hands before lunch, were being exposed to benzene. Workers gauging storage tanks via hatches without vapor capture systems, were inhaling benzene. Operators transferring fuels which often spilled on or near them, were being exposed to benzene.

Oil Refinery Work and Leukemia

The cancers associated with oil refinery work include myelodysplastic syndrome (MDS), acute myeloid leukemia (AML) and multiple myeloma (among many). Benzene prevents your body’s cells from working properly and causes genetic damage which can lead to these forms of leukemia.

Medical Screening

Benzene is often grouped with two other petroleum-derived products, toluene and xylene. Toluene was used as a solvent in many industries. Exposures to benzene, toluene and xylene – the BTX chemicals – can lead to blood and bone cancers. Because of this, OSHA now requires oil refineries to regularly screen their employees with blood tests to detect early signs of these life-altering cancers. 

Petroleum Products and Benzene

There are four main groups of petroleum products produced via the distillation of crude oil: (1) light distillates such as liquid propane gas, paint thinners, naphtha, and gasoline; (2) middle distillates such as jet fuel, kerosene, and diesel fuel; (3) heavy distillates, which include heating oil or lubricating motor oil; and (4) residuum products such as asphalt. 

84% of U.S. oil refinery output is made up of gasoline, fuel oil (diesel and home heating oil), and aviation fuel. Most refined products contain benzene, exposing those workers involved in the production process to toxic exposures. When thick crude oil is refined into different chemicals, it is heated which causes toxic chemicals to be vented, and not all of these toxic gases are captured. 

Pure Benzene

Some processes called for the use of pure benzene. Workers drawing samples or testing the product could get this extremely toxic substance on their person or inhale the pure benzene vapors. Within the last 30 years, pure benzene was actually added to gasoline to increase the octane rating and reduce engine knocking. Tests from the 1990’s showed that some super unleaded gasolines contained up to 5% benzene. Today, most gasoline sold in the United States contains 1% benzene. 

Benzene Claims

Workers who maintained the refinery equipment were exposed to benzene through the use of some name brand solvents and degreasers – like Safety-Kleen. The manufacturers of those products can be sued under a theory called product liability for placing a defective product into the hands of a consumer. Sickened contractors who were not directly employed by the refinery where their exposures occurred can bring premises liability claims against the refinery. Some benefits may be available under your state’s workers compensation system. Every claim is unique.

Many of the more dangerous processes at oil refineries are now automated. Beginning in the late 1970’s, the United States government began to institute regulations which helped safeguard refinery workers from toxic exposures. Unfortunately, even today, employees tasked with standard inspection, process turnaround, process sampling, cleaning, or maintenance activities cannot avoid all exposures. Products leak. Contractors are not properly trained. Supervisors don’t follow the safety rules. And so, the exposures go on.

Proof of Benzene on the Premises

In 2018, following complaints from sickened refinery neighbors, the Environmental Protection Agency required refineries to monitor for benzene at the fenceline of their facilities. Ten refineries in the United States were recently found to have benzene levels above the allowable limit. It goes to reason that the workers at those refineries are experiencing dangerous benzene exposures that could one day lead to leukemia.   

Refinery owners can be held liable for their lack of training and failure to supply protective equipment. Product manufacturers can be liable for failing to warn the end users of their products.

Refinery Workers & Benzene – Verdicts & Settlements

$3,142,166 verdict (Delaware, 2007)

The Decedent had spent 15 years working as a millwright for the Defendant’s at the Delaware City refinery. During his employment he was exposed to benzene and numerous benzene-containing products and substances.  As a result of his exposure to benzene, he was diagnosed with leukemia. Before his death, the Decedent recounted to his diagnosing physician that he “bathed in benzene” while working at the refinery. After the Decedent passed away, his wife brought suit alleging that the Defendant’s negligence caused her husband’s untimely death. The jury attributed 83% of the fault to the Defendants and 17% fault to the Decedent. The net jury award was adjusted accordingly. You can view more information about this case here.

$2,750,000 settlement (California, 2002)

The Plaintiff was a carpenter who was hired to do construction work on foundations for facilities at the Mobil Oil refinery in Torrance. During this time, he was exposed to petroleum hydrocarbon vapors, including benzene, from contaminated soil. The Plaintiff alleged that Mobil was negligent in the maintenance of its premises and even concealed the on-site hazards related to benzene and other toxins. The 33-year-old Plaintiff passed away after developing myelodysplastic syndrome and acute myelogenous leukemia. He was survived by his mother. The Defendants, who initially offered nothing, eventually agreed to settle the case before trial.

$1,500,000 settlement (California, 2002) 

The Plaintiff spent 13 months working as a safety attendant at the Chevron refinery in Richmond, California  and the Equilon refinery in Martinez, California. Her employment required her to work 12-hour shifts where she was continuously exposed to benzene. The 49-year-old Plaintiff subsequently developed acute myelogenous leukemia, an aggressive cancer that is strongly linked to benzene. In her complaint, she alleged that the defendants failed to monitor for benzene and even falsely prepared permits claiming that the benzene levels were being monitored even though there were no monitors capable of detecting benzene at either of the job sites. The Plaintiff claimed medical expenses, lost wages, and punitive damages. The Defendants denied they were negligent. Moreover, the Defendants contended that the Plaintiff’s illness was terminal so she would have minimal future medical expenses.

Hughes Law Offices is providing these case histories to inform visitors about actual case fact patterns, settlements, verdicts, and rulings. Unless specifically noted, the cases summarized herein were not handled by attorneys at Hughes Law Offices.

We May Be Able to Help

These cases are complicated undertakings. They often involve multiple legal theories and require multiple well-vetted and qualified experts. Having experienced counsel is vital. While you focus on your recovery, let us do the work needed to prove your case. If you or a loved one has been diagnosed with AML or MDS after a career in the refining industry, call 1-800-BENZENE to speak with a benzene lawyer today.