Asbestos law and family health

Many of us have heard of the dangers of asbestos and the asbestos laws, which govern redress for asbestos affected victims as well as the regulation of asbestos use. Some of us may even know of someone or have a loved one who has been affected by exposure to asbestos. Here I will, in layman’s terms, convey what I have uncovered and learned through research.

The asbestos laws fall under that aspect of the law that governs particular issues such as administrative laws, property transactions, contracts, and torts (the aspect of the law that governs injuries, damages, and losses due to accidents and negligence). This is known as the civil law.

The health risks associated with asbestos and asbestos products have led to the need for asbestos laws and regulations to govern the use, disposal, avoidance of exposure of workers, and the use of the substance in new products to be passed by the EPA (Environmental Protection Agency). Here we will briefly look at these laws as they relate to asbestos.

TSAC (15 U.S.C. § 2601 et seq.) - The Toxic Substances Control Act of 1976

This section of the law deals with the Control of Toxic Substances – § 2605. Regulation of hazardous chemical substances and mixtures as well as Asbestos Emergency Response.

• In this article, where the symbol § refers to section and wording (substances and mixtures), they may at times be replaced by the term asbestos, though the law governs all hazardous chemicals.

§2605. Regulation of hazardous chemical substances and mixtures: This section of the rule stipulates that if the Administrator finds reasonable doubt that a manufacturer may be guilty of not adhering to the code of ethics governing the use, disposal, or mixture of chemical substances and mixtures, then the Administrator shall be liable to, in a nutshell, carry out the following:

• Prohibit the manufacturer from carrying on with the process or from distributing the chemical or mixture, or limit the amount that should be manufactured, processed, or distributed in commerce.
• Prohibit or limit the manufacturer from processing or distributing asbestos products for particular use, or products containing more than the recommended amount of asbestos.
• Require that asbestos products be labeled with clear warning and instructions for usage, distribution in commerce, or disposal. This label will be prescribed by the Administrator.
• Require manufacturers and processors of asbestos products to retain records of manufacturing processes used, and to carry out the tests necessary for compliance under this section of the law (§2605 item 4).

On Thursday, May 16, 2002, BBC News highlighted the story of asbestos victims who won a landmark case to gain compensation for health damages suffered as a result of being exposed to asbestos in the workplace. Three people who fell victim to asbestos cancer were initially denied financial compensation from their employer, as the court ruled that they were exposed to the dust by more than one employer. One victim had been directly affected by mesothelioma (asbestos cancer), while the other two were widows whose husbands died of the disease.

A large number of victims who fall ill have worked in heavy industries such as shipbuilding and engineering. The forecast at that time suggested that there would be an increase in the number of individuals who fell ill up until the year 2020. It is only just and fair that these individuals and their families be adequately compensated for their pain and discomfort. The asbestos laws governing its use and regulation are clear and ought to be adhered to in the interest of health