Policy regarding asbestos began with the clean air act (CAA) of 1970. The CAA pushed the EPA to develop regulations safeguarding the public against exposure to hazardous airborne contaminants. The EPA then established the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Asbestos was one of the first air pollutants to be regulated. The NESHAP standard for asbestos includes information on milling, manufacturing and fabricating operations, waste disposal issues, demolition and renovation activities, and asbestos conversion processes. NESHAP requires the control of emission of asbestos to outside air.
Policy has succeeded in reducing the permissible exposure limits for asbestos fibers. The EPA, NIOSH, and OSHA have limits for asbestos exposure. TLV’s have been reduced from 12 fibers/cm_ down to 0.1 fibers/cm_. This is a time weighted average considering an 8-hour workday and a 40-hour workweek. These limits protect employees who could have large and long-term exposures. Because of the PEL, employers must take precautions to keep employees exposure to asbestos down. OSHA specifies controls and methods for employers to follow. OSHA also has rules for building owners. Owners must figure out if there is any asbestos present in the building, and must determine the location and amount. The owner must label all asbestos areas with signs, and keep records of the asbestos. If employees will be working with asbestos, or in asbestos areas, owners must provide asbestos training.
Policy works by making enforceable standards for asbestos. These standards keep general and occupational exposure to a minimum, and reinforce to the public that asbestos is a hazardous pollutant. Rules for asbestos hold employers and building owners responsible, and give guidelines for dealing with asbestos.
Lawsuits
There have been a lot of lawsuits involving asbestos exposure recently. 90,000 new claims were filed last year and if this trend continues as many as 2.5 million people could file asbestos related suits by 2030. The problem is that many people without signs or symptoms of asbestos related disease are trying to sue large companies. Many of the lawyers involved with these cases say that most of the suits are “baseless and an abuse of the courts.” Many of these companies have paid out millions of dollars in single lawsuits. This has lead many other companies, who face the threat of being sued, into bankruptcy protection. Once filing for bankruptcy protection, companies are automatically excused from lawsuits against them. By filing for bankruptcy the companies agree to pledge their equity to a trust that will be used to pay off their asbestos claims. These companies tend to stay in business, but they have problems getting loans and many have had to fire employees to save money. But in return for all of this, many companies receive permanent protection from all asbestos lawsuits. Many companies like Dow Chemical, Halliburton, 3M, and Viacom have had problems with asbestos related claims. http://www.mesothel.com/
