Understanding
the history of asbestos is central to understanding why a Mesothelioma
victim is entitled to just compensation for damages. If you have Mesothelioma,
you are invariably a victim of asbestos, a material whose danger was
known as early as the 1930s. Many asbestos manufacturers and corporate
users of asbestos materials ignored the scientific data showing asbestos’s
lethality. In the end, workers who had to work with the material were
the ones who suffered. Today, those workers have a right to fair compensation
for their suffering and health bills.
Originally, asbestos was viewed as a miracle
material. It is an excellent insulator, a fireproof material, and inexpensive.
However, around the turn of the century, researchers noticed that large
numbers of deaths and lung problems in asbestos mining towns.
Asbestos, a known poison for 70 years
In the 1930’s, major medical journals
began featuring articles that linked asbestos to cancer. In 1935, the
American Journal of Cancer published "Pulmonary Asbestosis: Carcinoma
of the Lung in Asbesto-Silicosis." In the following decades, several
major findings appeared in the Journal of the American Medical Association
(JAMA) and Lancet (the British equivalent of JAMA).
Negligent corporations poison workers with Asbestos
Despite the scientific evidence, companies
continued to use asbestos as a building material and in all parts of
manufacturing. Many materials, such as fiberglass insulation, were developed
to replace asbestos, but companies that used asbestos ignored the (often
more expensive) safer alternatives.
Asbestos is similar to tobacco in that
it was a known carcinogen and corporate executives ignored the danger
for the sake of profits. Asbestos, however, is much more dangerous than
cigarette smoke and the victims were largely exploited workers who were
unaware of the serious health risks they faced on a daily basis.
American Legal Justice & Asbestos Given
this history of corporate negligence, worker’s sought legal help prevent
further poisoning of workers and seek compensation. The first asbestos
lawsuits were filed in 1929 and thousands of lawsuits have been filed
since against those responsible for asbestos use and proliferation.
This long history of litigation in defense of workers has resulted in
large settlements that provide for Mesothelioma victims
Asbestos in the Home This section discusses the presence of asbestos in houses, rental apartments,
schools and other public buildings, and has a list of useful EPA contacts.
Does Your House Contain
Asbestos? It is very common for homes built or remodeled before
the 1970’s to have asbestos-containing materials in them. During the
twentieth century, about 30 million tons of asbestos fiber were used
in the United States, and some of this asbestos ended up in residential
buildings. These websites describe where asbestos-containing materials
might be found in and around an older house:
If you have purchased a
home or are considering the purchase of one, the presence of asbestos
is not necessarily a problem. The majority of individuals with asbestos-related
diseases have been in the business of manufacturing, installing and/or
removing asbestos products. Fortunately, most people exposed to small
amounts of asbestos do not develop asbestos-related health problems.
However, there is no known "safe" level of exposure, therefore,
all exposure to asbestos should be avoided. Asbestos is a health hazard
when it is friable – when it crumbles and releases particles into the
air. If the asbestos-containing materials are intact (not friable) and
in a location where they are unlikely to be disturbed by remodeling
or renovation, removal is not always the best option. Other options
include encapsulating (sealing) it or covering it. If you suspect your
house contains asbestos, we strongly recommend you use a trained and
certified union technician to help you decide the appropriate action
to take. The EPA recommends that you ask these asbestos professionals
to document their completion of federal or state-approved training.
Each person performing work in your home should provide proof of training
and licensing in asbestos work, such as completion of EPA-approved training.
The EPA also recommends using separate firms for assessment and removal
services, to avoid potential conflicts of interest. Unless it is labeled,
it is not always possible to determine if a product contains asbestos
without laboratory analysis. Therefore, until a suspected product is
tested, it is best to assume that it contains asbestos and not disturb
it in any way. You can get names and contact information for accredited
testing laboratories from The National Institute for Standards and Technology
(NIST). Laboratory Accreditation Administration
The National Institute for Standards and Technology (NIST)
Gaithersburg, MD 20899
Telephone: 301-975-4016
Website: http://ts.nist.gov/ts/htdocs/210/214/214.htm Most states require homeowners to disclose known hazards before selling.
If you are selling a home with asbestos containing materials, check
with a local attorney or real
estate agent to determine your obligation to disclose the presence of
asbestos.
Does Your Apartment Contain
Asbestos? Asbestos-containing products were widely used in the construction
of houses, apartments, offices and schools up to the 1970’s. However,
the presence of asbestos-containing products in your rental unit is
not necessarily a hazardous condition. It is only when asbestos-containing
products break down and become airborne (i.e. friable) that a hazardous
condition is created. In 1995, OSHA issued workplace standards for testing,
maintenance and disclosure of asbestos. Rental property owners were
considered to fall in the category of "general industry" and
therefore were covered by these OSHA regulations. Unless the property
owner rules out the presence of asbestos through testing, it is presumed
that asbestos is present. When a landlord complies with OSHA regulations,
performs testing, and discovers friable asbestos in a rental property,
s/he is obligated to disclose this hidden and dangerous defect to the
tenants. The presence of friable asbestos in rental property might be
considered a breach of the implied warranty of habitability, and a tenant
may be able to seek legal remedies. If such a situation exists and you
are unable to resolve the matter without legal recourse, we recommend
that you contact us.
Asbestos in Schools Asbestos-containing products were used extensively in the construction
of schools and other public buildings, until the 1970’s. In 1986, Congress
passed the Asbestos Hazard Emergency Response Act (AHERA) to protect
public and private school children and school employees from asbestos
exposure. AHERA acknowledges that asbestos materials in schools that
are intact generally do not pose a health risk, and includes provisions
to monitor the condition of asbestos-containing materials, to manage
the materials, and to keep open the lines of communication between all
interested parties. The provisions of AHERA are relevant for schools
in the United States and its possessions.
Provisions of AHERA Each school must designate and train a person to oversee asbestos-related
activities in the school. This person can be a consultant or a school
employee. All buildings must be inspected for the presence of asbestos-containing
materials. A management plan for controlling asbestos exposure must
be developed, using accredited inspection personnel to implement the
plan. All records should be available for public review. All teachers,
parents and employees should be informed annually about the asbestos-related
activities in the school.
Further Information on Mesothelioma & Asbestos If you have questions
regarding asbestos in a particular school, you can speak to the person
designated at that school to oversee asbestos-related issues. You can
also speak to your local Environmental Protection Agency (EPA) Asbestos
Regional coordinator (listed below) or call the Environmental Protection
Agency Asbestos Ombudsman at (800)368-5888. National Public Radio (NPR)
aired an interesting discussion about asbestos abatement, on Morning
Edition on March 20,2000. The program focuses on a large federal investigation
of the New York abatement industry, but many of the points are of nationwide
relevance
