Although several materials can possibly cause this disease, mesothelioma is primarily attributed to exposure to asbestos as reported by the Agency for Toxic Substances and Disease Registry of the CDC. Furthermore, Asbestos has been classified by the US Environmental Protection Agency (EPA) as a human carcinogen.
According to the CDC (Center for Disease Control and Prevention), exposure to asbestos increases the risk of developing malignant Mesothelioma. The latency period for the disease is reported to be around 20 to 40 years. So exposure to asbestos can go unnoticed for decades. Hence, mesothelioma cases are diagnosed years after the first exposure to asbestos occurs. In a study conducted by the CDC's National Institute for Occupational Safety and Health (NIOSH), annual multiple-cause-of-death records were analyzed for the period from 1999 to 2005. It was found that a total of 18,068 deaths were reported because of malignant Mesothelioma.
Who should be concerned?
Asbestos is imported into the United States and was even mined in the country during the 20th century. In the US, the use of asbestos peaked in 1973 when it amounted to 803,000 metric tons before declining to 1,700 metric tons in 2007. Industrial workers employed in settings such as manufacturing, construction and shipbuilding prior to 1980s are the ones who are at most risk, as federal safety regulation was not in place at the that time. Exposure continues to occur today because of the demolition of buildings in which asbestos was used during construction.
Steps to Take in Case Of Asbestos-Exposure Related Mesothelioma
After taking into consideration several research findings, exposure to asbestos has been singled out as the main cause ofMesothelioma in most cases. This exposure affects individuals differently. Several factors are involved, including concentration, frequency and duration of exposure as well as the shape, size and chemical makeup of the fibers that determine your chances of contracting Mesothelioma.
It is natural to feel concerned about Mesothelioma if you have experienced chronic exposure to asbestos. Doctors recommend that such people should get regular CT scans or chest x-rays. They must also get lung function tests as these tests can detect problems caused by asbestos fibers. If any problems are detected, you should obtain a professionalMesothelioma diagnosis. In the unfortunate event of being diagnosed with Mesothelioma, you have the grounds for filing a lawsuit. A Mesothelioma law suit can help you claim compensation for the additional costs borne in dealing with this disease as well as for the resulting emotional distress and trauma.
Why choose a Mesothelioma Law firm
The dangers associated with asbestos exposure have been known to the Asbestos manufacturers for decades. Victims of the disease rightly feel that they should have been warned about these dangers and so undue hardships both for the victims and their families could have been avoided. Treatment plans are often tailored to the patient’s needs so the medical expenses incurred because of the disease vary from person to person and are often considerable.
If you feel that you or a loved one has developed mesothelioma and have also been exposed to asbestos fibers during their lives, you will typically be eligible for filing a lawsuit and claim compensation for any treatment related expenses, as well as for the pain and suffering caused by this disease. The litigation process involved is quite complex. So it is better to hire the services of a Mesothelioma law firm that has the time as well as the resources to tackle investigations specific to your case.
International law[edit]
Asbestos is listed as a category of controlled waste under Annex I of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal [1992]. Specifically, any waste streams having asbestos (dust and fibres) as constituents are controlled (Item Y36). In general terms, Parties to the Convention are required to prohibit and not permit the export of hazardous wastes to the Parties which have prohibited the import of such wastes via the notification procedure in Article 13 of the Convention.
Australia[edit]
A nationwide ban on importing and using all forms asbestos took effect on 31 December 2003. Reflecting the ban, the National Occupational Health and Safety Commission (NOHSC) revised asbestos-related material to promote a consistent approach to controlling exposure to workplace asbestos and to introduce best-practice health and safety measures for asbestos management, control and removal. The ban does not cover asbestos materials or products already in use at the time the ban was implemented.Credit Card[13]
Although Australia has only a third of the UK's population, its asbestos disease fatalities approximate Britain's of more than 3,000 people per year.[14]
Brazil[edit]
The São Paulo State law 12.684/07 prohibits the use of any product which utilizes asbestos. This legislation having been formally upheld by the Brazilian Supremo Tribunal Federal.[15]
Canada[edit]
In late 2011, Canada's remaining two asbestos mines, both located in the Province of Quebec, halted operations.[16] In September 2012, the Parti Québécois defeated the Quebec Liberal Party in the Quebec provincial election. The Parti Québécois followed through with an election promise to halt asbestos mining.[17] In the process, the newly elected Quebec provincial government cancelled a $58 million loan that was to be provided to one of the two mines in order to make upgrades necessary to continue operations for 20 more years. Subsequently, the Canadian federal government announced that it would no longer oppose efforts to add asbestos to the list of hazardous substances under the international Rotterdam Convention.[18]
France[edit]
France banned the use of asbestos in 1997, and the WTO upheld France's right to the ban in 2000. In addition, France has called for a worldwide ban.[12]
India[edit]
On 21 January 2011, the Indian supreme court refused to ban asbestos in India. This judgment was passed down for case filed by an NGO on 2004. In spite of the health hazards, asbestos is widely used in India without any restriction.[19] Activists in India and abroad have tried to persuade the governments of Canada and Quebec to stop the asbestos mining operation it recently revived in Quebec since it is banned there. The Canadian government has repeatedly blocked asbestos being listed as a hazardous chemical by the UN even though it spends massive amounts of money to remove it from Canadian homes and offices.[20] While India recognizes it as a hazardous substance and has banned asbestos mining and its waste trade, it keeps its price low through patronage.[20]
Italy[edit]
Italy fully banned the use of asbestos in 1992 and set up a comprehensive plan for asbestos decontamination in industry and housing.[21]
Japan[edit]
Japan did not fully ban asbestos until 2004. Its government has been held responsible for related diseases.[22]
South Korea[edit]
In May 1997, the manufacture and use of crocidolite and amosite, commonly known as blue and brown asbestos, were fully banned in South Korea.[23] In January 2009, a full-fledged ban on all types of asbestos occurred when the government banned the manufacture, import, sale, storage, transport or use of asbestos or any substance containing more than 0.1% of asbestos.[24] In 2011, South Korea became the world's sixth country to enact an asbestos harm aid act, which entitles any Korean citizen to free lifetime medical care as well as monthly income from the government if he or she is diagnosed with an asbestos-related disease
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.[25]
New Zealand[edit]
In 1984, the import of raw amphibole (blue and brown) asbestos into New Zealand was banned. In 2002, the import of chrysotile (white) asbestos was banned.[26]
United Kingdom[edit]
The British Government's Health and Safety Executive (HSE) has promoted rigorous controls on asbestos handling, based on reports linking exposure to asbestos dust or fibres with thousands of annual deaths from mesothelioma and asbestos-related lung cancer.
- "At least 4000 people in Great Britain die each year from mesothelioma and asbestos related lung cancer as a result of past exposure to asbestos. Annual numbers of deaths are predicted to go on rising into the next decade."[27]
- The TUC (UK) report cites a figure of 5000 deaths per year.[28]
The HSE does not assume that any minimum threshold exists for exposure to asbestos below which a person is at zero risk of developing mesothelioma, since they consider that it cannot currently be quantified for practical purposes; they cite evidence from epidemiological studies of asbestos exposed groups to argue that even if any such threshold for mesothelioma does exist, it must be at a very low level.[29]
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Previously it was possible to claim compensation for pleural plaques caused by negligent exposure to asbestos, on the grounds that although it is in itself asymptomatic, it is linked to development of diffuse pleural thickening, which causes lung impairment. It has been highly contentious, however, as to the probability of pleural plaques developing into pleural thickening or other asbestos related illnesses. On October 17, 2007 this point was clarified by the Law Lords′ ruling that workers who have pleural plaques as a result of asbestos exposure will no longer be able to seek compensation as it does not in itself constitute a disease.[30] This ruling was however superseded, so far as sufferers of pleural plaques in Scotland are concerned, by the passing of the Damages (Asbestos-related Conditions)(Scotland) Act 2009, which provides that in Scots law pleural plaques are to be considered an actionable type of personal injury.
The Control of Asbestos Regulations were introduced in the UK in November 2006 and are an amalgamation of three previous sets of legislation (Asbestos Prohibition, Asbestos Licensing and the Control of Asbestos at Work Regulations) aimed at minimising the use and disturbance of asbestos containing materials within British workplaces. Essentially this legislation bans the import and use of most asbestos products and sets out guidelines on how best to manage those currently in-situ.[31]
Dutyholders of all non-domestic properties within the UK must establish an asbestos register and a management plan. The definition of "non-domestic" is "a property or structure (commercial, domestic or residential) where work is carried out" the obligation of the duty holder is that such operatives are not exposed to any asbestos based materials during the course of the work, the Asbestos Register states the presence or non presence of asbestos related to the inside and outside of the structure. The exception is where the property age (post-1999 when chrysotile asbestos was banned) would indicate that such products will not have been used during the construction of the building.
The removal of high-risk asbestos products from non-domestic properties is tightly controlled by the HSE and high-risk products such as thermal insulation must be removed under controlled conditions by licensed contractors. Further guidance on which products this applies to can be found on the HSE website along with a list of licensees.
United States[edit]
According to the Environmental Working Group Action Fund, 10,000 people die each year from asbestos-caused diseases in the United States, including one out of every 125 American men who die over the age of 50.[32] The Environmental Protection Agency (EPA) has no general ban on the use of asbestos. However, asbestos was one of the first hazardous air pollutants regulated under Section 112 of the Clean Air Act of 1970, and many applications have been forbidden by the Toxic Substances Control Act (TSCA).
According to a September 2004 of the American Journal of Respiratory and Critical Care Medicine, asbestos is still a hazard for 1.3 million US workers in the construction industry and for workers involved in the maintenance of buildings and equipment.[33]
A Senate subcommittee of the Health Education Labor and Pensions Committee heard testimony on July 31, 2001, regarding the health effects of asbestos. Members of the public, doctors, and scientists called for the United States to join other countries in a ban on the product.[34]
Asbestos is not part of an ASTM (American Society for Testing and Materials) E 1527-05 Phase I Environmental Site Assessment (ESA). A building survey for asbestos is considered an out-of-scope consideration under the industry standard ASTM 1527-05 Phase I ESA (see ASTM E 1527-05). ASTM Standard E 2356-04 should be consulted by the owner or owner's agent to determine which type of asbestos building survey is appropriate, typically either a baseline survey or a design survey of functional areas. Both types of surveys are explained in detail under ASTM Standard E 2356-04. Typically, a baseline survey is performed by an EPA (or state) licensed asbestos inspector. The baseline survey provides the buyer with sufficient information on presumed asbestos at the facility, often which leads to reduction in the assessed value of the building (due primarily to forthcoming abatement costs). Note: EPA NESHAP (National Emissions Standards for Hazardous Air Pollutants) and OSHA (Occupational Safety and Health Administration) Regulations must be consulted in addition to ASTM Standard E 2356-04 to ensure all statutory requirements are satisfied, ex. notification requirements for renovation/demolition. Asbestos is not a material covered under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act ) innocent purchaser defense. In some instances, the U.S. EPA includes asbestos contaminated facilities on the NPL (Superfund). Buyers should be careful not to purchase facilities, even with an ASTM E 1527-05 Phase I ESA completed, without a full understanding of all the hazards in a building or at a property, without evaluating non-scope ASTM E 1527-05 materials, such as asbestos, lead, PCBs, mercury, radon, et al. A standard ASTM E 1527-05 does not include asbestos surveys as standard practice.
In 2010, Washington State passed a ban on hazardous materials in automotive brakes, phasing out asbestos in vehicle brakes, starting in 2014.
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