Health concerns have prompted more than 60 countries to ban the use of asbestos. While the dangers of asbestos are a well-known fact in the U.S, America still does not have a federal law to address this issue. Instead, each state is left to deal independently with the arising legal claims and risks associated with asbestos use and exposure.
Unfortunately, this naturally occurring mineral appears to be as resistant to U.S legislation as it is to heat, fire, chemical, and biological breakdown. The fact that coming into contact with any amount of asbestos is permitted is objectionable, considering that there is no safe level of exposure when working with asbestos.
“Currently, asbestos is regulated under the Clean Air Act 1970, meaning its use is restricted. However, the U.S. continues to import asbestos, with an estimated 300 metric tons of raw chrysotile asbestos being imported in 2020—almost doubling the amount from 2019, according to the U.S. Geological Survey (USGS) Mineral Commodity Summaries (MCS) report. While health and liability issues have curtailed the use of asbestos in the U.S., the substance is still not officially outlawed in the United States, which still puts thousands of Americans at risk for developing severe asbestos-related health conditions,” says Gregory A. Cade, an attorney specialized in Environmental and Occupational Law who has helped many former industrial workers and veterans exposed to high concentrations of asbestos.
Is Asbestos Still Used Today?
Currently, a surprising number of products are still made with asbestos, including automobile brakes and clutches, roofing materials, and several other construction products.
As early as the 1960s, American physician Dr. Irving J. Selikoff conclusively established a link between the inhalation of asbestos particles and numerous pulmonary diseases, including asbestosis, and asbestos-related lung cancer, providing irrefutable proof needed to counteract the massive influence that the asbestos industry held in the U.S. political arena.
America is one of just a few developed nations that still permit the use of asbestos, therefore, the use of asbestos-containing products stretches across many prominent sectors, including:
- consumer product manufacturing
- residential, commercial, and industrial construction
- automotive and heavy equipment manufacturers
- aircraft and aerospace construction
- shipbuilding and ship repairing
Even though the EPA and the Occupational Safety and Health Administration (OSHA) specify that all workers should be fully protected against any unsafe working conditions and be aware of any asbestos presence while being trained on how to deal it with safely, all levels of asbestos are deemed hazardous and should not be handled by workers even with the best protection gears and measurements.
In 2020, the EPA released Part 1 of its Final Risk Evaluation for chrysotile asbestos, finding “unreasonable risks to human health” within the chlor alkali industry, which is now the biggest user and importer of raw asbestos in the United States. The Part 2 preliminary evaluation is expected by mid-2021 and will include five other types of asbestos, including legacy asbestos and associated disposals of chrysotile asbestos.
The latest effort to ban asbestos, “The Alan Reinstein Ban Asbestos Now Act (H.R. 1603) of 2019,” had been expected to sail through the voting process without amendments. However, the bill had been scheduled on the suspension calendar on September 29, 2020. Unfortunately, one month later, it had been abruptly pulled from the floor without further action. However, thousands of families who have been affected by asbestos-related illnesses are waiting for further notice.
“Clearly, asbestos is hazardous, and anybody who has been exposed to it—particularly former industrial workers and veterans—are at a high risk of developing several cancers and serious pulmonary diseases. Women and children of asbestos workers may be just as likely to develop health problems because of second hand asbestos exposure. Things being what they are, individuals harmed by asbestos and their families now have legal options to hold the negligent manufacturers accountable for their wrongdoings and receive compensation to cover their medical treatment,” attorneys at Environmental Litigation Group P.C. say.
Finally, even though a complete asbestos ban may not become a reality in the near future, the public must be informed of the imminent dangers of asbestos exposure, especially in occupational settings. Unfortunately, Americans continue to develop lung diseases and lung cancers due to asbestos exposure, and for that, they deserve proper representation and justice in a court of law.
About the author:
Jonathan Sharp is the CFO and Director of Claims at Environmental Litigation Group P.C., a law firm located in Birmingham, Alabama, dedicated to helping victims that have been exposed to asbestos and other toxins. Since 1990, ELG has processed over 233,565 toxic exposure claims, recovering over $1.4 billion in settlements for victims of toxic exposure and their families.
This post has been sponsored by Environmental Litigation Group, P.C.
Digital Health Buzz!
Digital Health Buzz! aims to be the destination of choice when it comes to what’s happening in the digital health world. We are not about news and views, but informative articles and thoughts to apply in your business.
