The early 1900’s saw the rise of asbestos as an ideal material for use in the construction industry. Its properties of fire resistance and heat insulation were highly sought after but its dangers as an airborne carcinogen were not well known back then. Asbestosis, mesothelioma and cancer are caused due to the Asbestos fibers which are ingested over time which get built up in the body cavities.
There has been a lot of international controversy dealing with the perceived rights and wrongs linked with litigation on compensation claims involving asbestos exposure and alleged subsequent medical consequences. About 60 countries worldwide have banned the use of asbestos, wholly or partly. EPA stands for Environmental Protection Agency. It is an independent federal agency in the United States of America, which coordinates programs aimed at reducing pollution and protects the environment. Although the EPA hasn’t banned the use of asbestos, it was the first air pollutant under section 112 of the Clean Air Act of 1970. Along with this, many applications of the same have been forbidden by the TSCA(Toxic Substances Control Act).
EPA NESHAP (National Emissions Standards for Hazardous Air Pollutants) and OSHA(Occupational Safety and Health Administration) Regulations must be consulted in addition to ASTM Standard E 2356-04 to ensure all statutory requirements involving buildings are satisfied, ex. notification requirements for renovation/demolition, etc. Asbestos is not part of a ASTM (American Society for Testing and Materials) E 1527-05 Phase I Environmental Site Assessment (ESA). Hence, one should carefully look into ASTM Standard E 2356-04 to see which kind of a survey is required, namely, a baseline survey or a design survey of functional areas. A baseline survey is conducted by an EPA (or State) licensed asbestos inspector which reveals the asbestos levels in a building leading to a reduction in the assessed value of the building because of obvious forthcoming asbestos removal costs. A buyer must fully understand all the hazards present in a property before buying it and not only rely on facilities even with a ASTM E 1527-05 Phase I ESA completed.
Many asbestos lawsuits have been filed against manufacturers since the first one in 1929. These lawsuits were the reason why big companies like The Manville Corporation had to declare bankruptcy. The major issue with asbestos in civil procedures is the late onset of asbestos related diseases. There is a fixed time period after contraction of a disease for which a lawsuit can be filed but since asbestos related diseases are diagnosed after a good 20-50 years after their contraction, amendments in the laws have been made changing the time period to be calculated after the discovery of a disease rather than time when cause of action accrued. In the USA, the Congress is still considering legislation from 2005 named the "Fairness in Asbestos Injury Resolution Act of 2005”. This Act would result in the establishment of a 140 billion dollar trust fund aimed at replacement of litigation as a means to compensate victims of asbestos diseases.