Asbestos Law

Why is Asbestos Regulated by Law?

•    Asbestos is a naturally occurring mineral that was used as a construction tool during the Industrial Revolution through the early 1980s. Although asbestos offered contractors and construction companies numerous benefits, scientific research revealed that chronic exposure to the chemical agent precipitated the development of mesothelioma (a rare lung disease) and related medical conditions.

•    In a solitary fashion, asbestos holds no tangible threat; however when disrupted, asbestos releases toxic flakes into the air. When these fibers are chronically inhaled, the risk of mesothelioma or a lung-based cancer becomes significant. These dangerous characteristics sparked legislators to impose regulations on the manufacturing, use, and supply of asbestos-based materials throughout the world.

Asbestos Law in the United States

•    Asbestos compensatory cases became increasingly popular in the 1980s due to the increased awareness of the mineral’s dangerous characteristics. Numerous individuals—typically those involved with asbestos-related jobs—filed personal injury claims for a recoupment of losses associated with the development of asbestos-related cancers (primarily mesothelioma.)
•    As the cases piled up, numerous states created a mesothelioma or asbestos-related injury fund, where a large amount of money would be pooled and subsequently distributed to those individuals in need of recoupment.
•    The most significant piece of legislation to regulate the distribution of asbestos was passed in 1987, in the form of The Control of Asbestos at Work Regulation Act. This piece of legislation regulated all forms of asbestos-based materials and provided statutory protection for everyone who may be exposed to asbestos from work-related activities.
•    The piece of legislation also instituted control limits to regulate the amount of asbestos particles which were legally allowable to enter the atmosphere. The control limits are dependent on the type of asbestos and are organized by two levels dependent on the time and exposure of the asbestos particles.
•    For blue and brown asbestos fibers, the legally allowable limits are: 0.2 fibers/ml of air averaged over any continuous period of 4 hours or 0.6 fibers/ml of air averaged over any continuous period of 10 minutes. For white asbestos particles the regulations are as follows: 0.5 fibers/ml of air averaged over any continuous period of 4 hours or 1.5 fibers/ml of air averaged over any continuous period of 10 minutes.
•    All employers who deal with the abatement processor the supply of asbestos must follow specific regulations instituted by the federal, as well as local governments. All employers dealing with asbestos must institute an acceptable safety protocol that must be carried out by all employers on the work site. The employers must also supply the workers with appropriate attire, respiratory equipment and other safety materials. In addition, the employer must limit the exposure of their employees to the chemical agent through the development of organized schedules.
•    If any of the aforementioned laws are violated and an employee develops an asbestos-related disease, an asbestos lawsuit should be administered by the damaged party.