ASBESTOS BANNED?

Asbestos has been banned in 60 countries, but not in the United States

The European Union banned asbestos over a decade ago. Canada is the world’s biggest asbestos exporter and Thetford Mines in Quebec, a town of 26,000, is home to Canada’s only remaining asbestos mining operation. India, which has not banned the mineral, is the biggest importer of Canadian asbestos.

Despite the fatal health consequences associated with asbestos exposure, asbestos is still imported and used in the United States, which imported and used an estimated 1,820 tons in 2007, according to the U.S. Geological Survey.

HAS ASBESTOS BEEN BANNED?

May 20, 2010 – Public health professionals have long been aware of the fatal illnesses associated with asbestos. Some include mesothelioma, asbestosis and lung cancer. But despite their continuing efforts to have asbestos banned, they have repeatedly been outgunned by powerful asbestos-interest lobbying groups.

Some 60 countries have banned asbestos today, but the toxic fiber that kills 90,000 victims worldwide every year has never been completely banned in the United States – contrary to what many people think.

It wasn't until the early 1970s that the Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) finally turned their attention to the deadly effects of asbestos exposure.

As they accumulated more startling medical data, they began issuing safety standards and regulations to control the use and applications of certain asbestos products. On July 12, 1989, the EPA issued a final rule on asbestos and banned most asbestos-containing materials, especially in public buildings, like school.

So was asbestos finally banned in the United States? No!

In 1991, the Fifth Circuit Court of Appeals in New Orleans overturned the EPA regulation.

As a result of the court's decision, the following asbestos-containing products are still being marketed and are no longer subject to the EPA’s ban. They include: asbestos-cement corrugated sheet, asbestos-cement flat sheet, asbestos clothing, pipeline wrap, roofing felt, vinyl-asbestos floor tile, asbestos-cement shingle, mill board, asbestos-cement pipe, automatic transmission components, clutch facings, friction materials, disc brake pads, drum-brake linings, brake blocks, gaskets, non-roofing coatings, and roof coatings.

Asbestos products that still remain banned

Asbestos products that still remain banned, however, include: flooring felt, rollboard and corrugated, commercial or specialty paper. Thankfully, the 1989 regulation continues to forbid the use of asbestos in products that have not historically contained asbestos, otherwise referred to as “new uses” for asbestos.

The EPA has no existing bans on most other asbestos-made products or uses, and reportedly does not track the manufacturing or distribution of asbestos products. Therefore, it would still be prudent for consumers, including construction workers and contractors, to inquire as to the presence of asbestos in certain products.

Time to seek justice

Weitz & Luxenberg has protected the legal rights of asbestos-injured workers for 25 years – longer than most law firms in the nation. And in that time the firm's mesothelioma lawyers have won several billion dollars in verdicts and settlements for clients.

If you have been diagnosed with mesothelioma and require up-to-date information on filing asbestos claims, get a FREE legal consultation and review of your case via the communication form at left. Please know, there is no cost to you until we secure a settlement or a verdict in your favor.