Your Legal Rights

While the Environmental Protection Agency has no parachute ban on astestos, there are several laws in place in the United States to protect the public from asbestos exposure, and prevent future illness caused by asbestos. Historically, asbestos was one of the first hazardous pollutants regulated in the Clean Air Act of 1970, and since then countless uses for asbestos fibers have been prohibited by the Toxic Substances Control Act, or TSCA. Today, there are several laws in place to regulate the use of asbestos. These laws include:

• Older homes have to be inspected before being sold. Current homeowners will have to have the asbestos removed before the sale can be completed.
• If an adult is examined and asbestos fibers are found in the body, the physician must call the health department so the person’s home can be inspected. If children are living in the house, then the asbestos must be removed right away. Excessive or prolonged asbestos exposure can cause cancer and other diseases.
• If a school building is found to contain asbestos, it is against the law to not have all the asbestos properly removed. After the removal new insulation will be installed and the school will no longer present a health hazard.
• Federal legislation states that it is up to employers to have a safe work environment, including safety from asbestos. If employees are to work with asbestos manufacturing, mining or production, the employers are required to provide special equipment, like contamination suits that are to be used and then cleaned at the end of the day. These suits prevent the possibility of asbestos fibers and particles from accidentally traveling outside on their employees' clothing and contaminating families and others. Along with these materials, the employees should have Material Safety Data Sheets as reference information and for any chemicals being used during the day.
• Employees have to use safe practices when working with chemicals and other cancer causing substances. There need to be training sessions for handling chemicals completed with each new employee hired and retraining available when an employee requests it.

OSHA, the main federal agency charged with the enforcement of safety and health legislation was established to keep employees safe. They also work with companies to find safe alternatives for dangerous substances in the workplace. Non-compliance will result in heavy fines and possibly shutdown until the problems are resolved.

Additionally, countless medical professionals, medical journals, scientists and members of the public have called for a ban on asbestos, as asbestos is still a hazard for 1.3 million workers in the United States alone. The Senate Subcommittee of Health, Education, Labor and Pensions committee reviewed testimony in 2001 regarding the prohibition of asbestos, however no laws have been passed.