Asbestos and the law
Many of the published articles on asbestos litigation focus on transactional costs and ways in which the flow of money from defendants to plaintiffs and their lawyers can be expeditiously and efficiently prioritized and routed.
[24] In 2018, the Canadian federal government posted proposed regulations planned for implementation later that year, which would prohibit use, sale, import, and export of all forms of asbestos.
The Secretary of the Post Graduate Institute of Medical Education & Research (PGIMER, Chandigarh also voiced its opinion "Asbestos is definitely a harmful material, it causes cancer and other related diseases."
The Concept paper further notes, "Asbestosis is yet another occupational disease of the Lungs which is on an increase under similar circumstances warranting concentrated efforts of all stake holders to evolve strategies to curb this menace".
The Centre for Pollution Control Board struggles to enforce their own guidelines for asbestos as hazardous waste and relies on industries and companies to volunteer themselves to follow Safety Regulations.
[36] On 15 August 2016, in the strongest statement till date, the Anil Madhav Dave, Union Minister of Environment, Forest & Climate Change categorically specified "Since the use of asbestos is affecting human health, its usage should gradually be minimised and ended.
[45] Regulations to ban asbestos in South Africa occurred in March 2008 under the leadership of Environmental Affairs and Tourism Minister Marthinus van Schalkwyk.
The regulations did not prohibit the continued use of asbestos-containing materials that were already in place such as asbestos-cement roof sheets or ceilings, the department was satisfied that there was "no undue risk" and they would be replaced in due time.
South Africa would allow products to pass through its borders while in transit under strict conditions and if registered with the department of Environmental Affairs and Tourism.
Everite, a building company, supported the government's ban on imports from Zimbabwe[46][47] It became an offence to acquire, process, package or repackage, manufacture or distribute these products from after July 28, 2008.
Kgalagadi Relief Trust (KRT) chair Brian Gibson stated that asbestos may still be imported into South Africa for research or analysis.
[49] 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 they are diagnosed with an asbestos-related disease.
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.
[57] Regulation 4 prescribes that each non-domestic building's "dutyholder", as defined in law, has a duty to manage the risk from asbestos and mandates that "a suitable and sufficient assessment is carried out".
Human exposure potential depends on the number of occupants in a building and the frequency and duration of use, and the nature of any disturbance: for example, intrusive maintenance activity within the building increases the risk of exposure - removing a number of asbestos-containing ceiling tiles to undertake works above the ceiling level would raise greater risks than changing a light bulb.
[58] The outcome of the risk assessment will identify priorities for management of the locations and materials containing asbestos, for example areas which require urgent attention, materials which are not suited to any form of containment may need to be removed or encased, minor repairs may be needed, or labelling and provision of information may be sufficient to ensure that significant health risks can be avoided, e.g. for a little-used store room it may be sufficient to keep the door locked and attach a warning notice to the door.
[66] In June 2008, the Brazilian Supreme Federal Court (STF) voted to maintain the law (12.684/07) which prohibits the use of any product which utilizes asbestos in São Paulo State.
Diffuse or localised fibrosis of the pleura, or pleural plaques, is less serious than asbestosis or mesothelioma, but is also considered a disease closely linked to the inhalation of asbestos.
Mr Justice Holland rejected the insurers' arguments, and counsel for workers hailed the decision as a "victory that puts people before profits.
[97] Litigation related to asbestos injuries and property damages has been claimed to be the longest-running mass tort in U.S. history, involving more than 8,000 defendants and 700,000 claimants.
[98][99] Since asbestos-related disease has been identified by the medical profession in the late 1920s, workers' compensation cases were filed and resolved in secrecy, with a flood of litigation starting in the United States in the 1970s, and culminating in the 1980s and 1990s.
On April 26, 2005, Dr. Philip J. Landrigan, professor and chair of the Department of Community and Preventive Medicine at Mount Sinai Medical Center in New York City, testified before the US Senate Committee on the Judiciary against this proposed legislation.
[104] This version would have also expanded eligible claimants to people exposed to asbestos from the September 11 attacks on the World Trade Center, and to construction debris in hurricanes Katrina and Rita.
However, these trusts do permit larger numbers of claimants to receive some kind of compensation, even if greatly reduced from potential recoveries in the tort system.
[110] The World Health Organization recognizes that exposure to all types of asbestos fibers, including chrysotile, can cause cancer of the lung, larynx, and ovary, mesothelioma, and asbestosis.
[116][117] A federal grand jury indicted W. R. Grace and Company and seven top executives on February 5, 2005, for its operations of a vermiculite mine in Libby, Montana.
On June 8, 2006, a federal judge dismissed the conspiracy charge of "knowing endangerment" because some of the defendant officials had left the company before the five-year statute of limitations had begun to run.
The Clean Air Act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks.
The RICO counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup.
[121] On January 11, 2006, San Diego Gas & Electric Co., two of its employees, and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in Lemon Grove, California.
