Archive for the ‘Asbestos Legislation’ Category

Mesothelioma Update: EPA Declares Public Health Emergency in Libby, Montana

Friday, June 19th, 2009

The U.S. Environmental Protection Agency (EPA) has recently issued a public health emergency for the town of Libby in northwest Montana. The decision stems from the significantly high rate of asbestos exposure and the development asbestos-related diseases in the area.

The town of Libby is the site where W.R. Grace & Company operated a toxic vermiculite mine that was contaminated with asbestos. In addition to the mine, several parts of the town were contaminated with asbestos as well, including fields, roads and playgrounds. Asbestos also reached people’s homes as W.R. Grace provided asbestos-contaminated soil for gardens and supplied an asbestos-contaminated insulation called Zonolite.

Previously in May, Senator Jon Tester proposed a new plan to clean up Libby and promote a better health care system for victims of asbestos exposure. Since the official closing of the mine in 1990, approximately 400 Libby residents have passed away from asbestos-related diseases such as malignant mesothelioma. With a population of less than 3,000, nearly 2,000 people in Libby have become sick with an illness related to asbestos exposure.

New EPA Administrator Lisa Jackson, who promised to review the situation in Libby if she was elected, feels the conditions in the town present a significant threat and that declaring a public health emergency is appropriate.

“This is a tragic public health situation that has not received the recognition it deserves by the federal government for far too long. We’re making a long-delayed commitment to the people of Libby and Troy. Based on a rigorous re-evaluation of the situation on the ground, we will continue to move aggressively on the cleanup efforts and protect the health of the people,” said Lisa Jackson.

The government will spend more than $130 million on asbestos cleanup efforts and improve the health care system for those with asbestos-related illnesses. Approximately $125 million will come from the EPA over the next five years to clean up both Libby and Troy, a nearby town of about 1,000 people. An additional $6 million will be spent by the Health and Human Services Department (HSS) on medical assistance.

Secretary of Health and Human Services Kathleen Sebelius said, “Now, we have come together with Senator Baucus and Senator Tester, Administrator Jackson, and agencies across HHS, to offer a new grant to provide short-term medical assistance for screening, diagnostic and treatment services in a comprehensive and coordinated manner in partnership with local officials on the ground in Lincoln County.”

The EPA has been working in Libby since 1999, which was the first time an Emergency Response Team was sent in to investigate the concern over asbestos-contaminated vermiculite. Since that time, the EPA has been working closely with the town to clean up contamination and improve human health.

Senator Max Baucus, a long-time advocate for the Libby situation, said, “Today is the day that after years of work we were able to succeed in getting this done. Yet, we won’t stop here. We will continue to push until Libby has a clean bill of health.”

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Center.

Mesothelioma and Health Concerns Prompt Students to Submit Bill to Ban Asbestos

Monday, June 8th, 2009

Three tenth-grade students from British Columbia recently designed a bill intended to end Canada’s mining and export of asbestos to developing countries. The students include Hayley McDermid, Claire Hinchliffe and Chloe Staiger.

Twenty of Canada’s most noted health, environment and labor organizations support the students’ endeavors and have asked Canadian Parliamentarians to truly consider the bill. Nathan Cullen, a Member of Parliament, presented their bill to the House of Commons.

Diana Daghofer, Co-Chair of Prevent Cancer Now, said, “We support these students 100 percent. We hope that Canada’s political leaders are listening to them and to the massive Canadian and international backing for a ban on the production, use and export of this deadly substance.” Prevent Cancer Now is a Canadian organization that aims “to make the primary prevention of cancer a priority through education, legislation and policy changes.”

The students initially received the opportunity to present their bill to the House of Commons by winning a Create Your Canada contest, organized by Cullen and designed to involve young people in Canada’s parliamentary process.

Kathleen Cooper of the Canadian Environmental Law Association said, “Canadians should be very proud of the initiative taken by these students. We must also direct resources and assistance to affected communities in Canada and stop continuing to support a toxic and dying industry.”

Exposure to asbestos is one of the proven mesothelioma causes. In addition to mesothelioma, other illnesses that may result from asbestos exposure include lung cancer and asbestosis. In 2005, 61 percent of occupational deaths in Canada were the result of asbestos exposure, totaling 340 people.

The developing countries that continue to receive asbestos from Canada include India, Pakistan and Vietnam. According to Kathleen Ruff of the Institute on International Affairs, “It is time to end the double standard whereby we export a product that we refuse to use in Canada because of the threat we know it poses to public health.”

Currently, Canada exports more than 200,000 tons of asbestos each year. The last remaining active asbestos mine in Canada is located in Quebec and exports 90 percent of all the asbestos it produces.

In October 2008, Canada had the opportunity to vote and add asbestos to the United Nations Watch List at the Rotterdam Convention, but elected not to do so.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

Congressman Dennis Kucinich Proposes Asbestos Reduction Bill

Friday, May 22nd, 2009

A proposal introduced by Congressman Dennis Kucinich (Ohio) and four other congressmen has paved the way for the World Bank to finalize a new policy that will significantly decrease the use of asbestos in new construction projects for developing countries.

Representatives hope this effort will increase awareness of the health risks associated with occupational asbestos exposure. The policy will not only install new regulations on asbestos use, but will provide an overview of eco-friendly alternatives available in the market, a list of procedures to minimize the risks of workers, and the safe removal and disposal of asbestos from all work sites.

Initially proposed in 2006, Congressman Kucinich’s efforts were stonewalled by the previous presidential administration. In March, Kucinich sent a formal letter to World Bank President, Robert Zoellick, questioning the delay in action.

“Asbestos is a highly toxic material that has no place in construction projects here or anywhere else, especially when viable alternatives are available.  This guidance will reduce exposure and permanent lung damage to citizens and workers around the world,” stated Kucinich.

The asbestos scandal has a long history of corporations and governments doing little to prevent innocent workers and civilians from exposure. Thousands of American workers were exposed to asbestos during the twentieth century, with no indication as to the risks they were facing. Recent studies estimate that approximately 3,000 different types of commercial products still include asbestos.

Claiming more people than any other work-related disease, mesothelioma is a rare but aggressive form of cancer which develops through exposure to asbestos fibers.  Mesothelioma is caused by inhaling or ingesting asbestos fibers which may cause cells to undergo changes that may result in cancer. With limited treatment and a short survival window, mesothelioma diagnosis usually results in an average survival rate of less than one year.

Congressman Kucinich has a history of battling corporations involved in the asbestos scandal. It was he who stepped up to negligent corporations who regularly bury evidence to protect themselves from lawsuits brought by those who passed away from occupational asbestos exposure. The efforts of Congressman Kucinich and the Asbestos Reduction Bill will hopefully create a more transparent and open discussion in regards to asbestos legislation.

“Global asbestos use is on the rise at the very time it should be eliminated.  This report is a necessary first step toward reversing that trend,” added Kucinich.

Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Cancer Center.

Senator Tester Proposes Asbestos Cleanup Plan for Libby

Wednesday, May 20th, 2009

Senator Jon Tester has suggested a new plan that will help clean up the town of Libby, Montana and promote better health care for victims of asbestos exposure.

The town of Libby is the site where W.R. Grace & Company operated a toxic vermiculite mine that was contaminated with asbestos. Outside of the mine, asbestos contaminated nearly every part of the town, including fields, roads and even playgrounds. Asbestos also reached the yards of people’s homes as W.R. Grace would often provide asbestos-contaminated soil for those that wanted to use it in their gardens.

During a recent hearing, Tester asked Environmental Protection Agency (EPA) Administer Lisa Jackson to join the efforts of the U.S. Department of Health and Human Services and work to eliminate asbestos contamination throughout the community. Tester told Jackson the joint effort would be “a giant step forward in meeting some of the challenges that occur in Libby.”

Since the official closing of the mine in 1990, more than 200 Libby residents have passed away from asbestos-related diseases such as malignant mesothelioma and nearly 2,000 have become sick. The entire community is now a Superfund site.

After hearing Tester’s new plan, Senator Dianne Feinstein offered to help, saying, “Why don’t we work together on some report language for the bill, which essentially would mandate the EPA to really do what Senator Tester has just suggested: take a new look at it, and give us some findings.”

Tester’s statement also stressed to Jackson that “The situation in Libby is serious enough that it demands your personal attention. And immediate attention.”

Earlier this year, Jackson agreed to visit Libby at the request of Montana Senator Max Baucus, who has been an advocate for asbestos victims in Libby for quite some time.

According to Baucus, “The folks of Libby mean a lot to me. I’ve been there more than 20 times since 1999 and what’s happened there is wrong. Cleaning up Libby, getting folks the health care they deserve and helping the town rebuild its economy and its future is of utmost importance. And you can bet Jon and I will keep EPA’s feet to the fire to make sure that happens.”

Previously, Tester and Baucus secured $190,000 in funding for Libby’s Center for Asbestos Related Disease, a facility that specializes in treating asbestos victims.

Additional information about mesothelioma may be found through the Mesothelioma Cancer Center.

New Texas Bill May Ease Litigation Process for Mesothelioma Patients

Friday, May 15th, 2009

Victims of asbestos exposure may experience greater ease in filing asbestos lawsuits due to a new bill introduced in the Texas Senate. Dubbed the “mesothelioma Senate Bill 1123,” this new legislation, if passed, may ease the requirements for plaintiffs who file a lawsuit to seek compensation following an asbestos-related disease diagnosis.

Introduced by Senator Robert Duncan, the bill will significantly lower standards that are required to demonstrate proof that exposure to asbestos was the cause of a patient’s cancer development. Senator Duncan said recent court rulings have made filing an asbestos-related lawsuit extremely difficult for mesothelioma patients who must provide evidence for the cause of their cancer.

The bill is currently pending and officials have noted that the legislation may face opposition from interest groups, corporations and businesses.

Asbestos lawsuits are often filed by patients diagnosed with mesothelioma. Malignant mesothelioma is a rare form of asbestos lung cancer caused almost exclusively by asbestos exposure. The cancer develops in the mesothelium, a membrane that covers many organs.

Asbestos is still present in many industrial products such as roof shingles, pipe insulation, flooring, brake linings and cement. Approximately 2,000 to 3,000 cases of mesothelioma are diagnosed each year, accounting for approximately three percent of cancer diagnoses in the United States.

Many mesothelioma patients were exposed to asbestos as a result of job site exposure.  The dangers of asbestos exposure were known long before any efforts were made to protect citizens and workers. Thousands of American workers were exposed to asbestos during the 20th century, without warnings provided from companies that knew of the dangers associated with the toxic mineral. Asbestos manufacturers were often aware of the hazardous qualities associated with exposure, but buried any evidence that placed asbestos in a negative light.

Mesothelioma patients who have filed lawsuits in Texas currently face tough regulations with regard to providing proof of their exposure and cancer development. Due to a latency period lasting anywhere from 20 to 50 years, mesothelioma can be extremely difficult to diagnose, further increasing difficulties for patients with mesothelioma in Texas. Victims have faced numerous obstacles in seeking compensation due to the lack of evidence.

If the bill is passed by the Texas House, it will put Texas in line with other states when it comes to asbestos legislation. The level of proof will be reduced under the bill and victims may have an easier time receiving compensation from those who are deemed responsible.

Additional information about asbestos legislation and mesothelioma may be found through the Mesothelioma Cancer Center.

Mesothelioma Patients Receive Help from Texas Senate

Monday, April 20th, 2009

The Texas Senate recently passed a bill that would make it easier for those diagnosed with mesothelioma to recover personal injury damages as a result of being exposed to asbestos.

Mesothelioma, a rare form of cancer typically developing in the lining of the lungs, is almost strictly attributable to asbestos exposure. In the majority of cases, exposure occurs through inhaling airborne asbestos fibers after asbestos-containing materials have been disturbed.

The bill was formulated to withhold a more reasonable standard for mesothelioma patients who wish to make a claim in the state of Texas. According to Senator Robert Duncan, Texas once had the most lenient standard of proof in the nation. However, a Texas Supreme Court ruling from 2007 has made filing a claim difficult for both asbestosis and mesothelioma patients.

The 2007 case involved a patient with asbestosis, another illness caused by asbestos. The court ruling stated that to prove causation in an asbestosis case, plaintiffs must be able to show how much asbestos exposure they experienced.

Since that decision, the same standard has unfortunately been held for plaintiffs filing claims with mesothelioma cancer, which can have a latency period ranging from 20 to 50 years.  Because of the severe latency period, finding qualitative proof of how much exposure occurred can be very challenging.

Duncan’s bill, SB 1123, would instill a lower standard of proof and only require mesothelioma patients to show that asbestos exposure was frequent, regular and proximal. However, the bill would not lower the standard for asbestosis patients, which typically experience longer and increased periods of exposure.

Duncan currently believes mesothelioma patients face too many hassles and delays while dealing with mesothelioma symptoms and trying to meet a high standard of proof. After passing 20-11 on a preliminary vote, the bill only has a few more steps before becoming official law.

If the legislation passes, Texas will fall under the same standard of causation used by most other states. Duncan said, “We’re not going to go back to the most liberal standard in the country for mesothelioma. We’re going to adopt the most widely accepted standard in the country.”

Additional information about mesothelioma and asbestos may be found through the Mesothelioma Cancer Center.

Green Modifications Lead to Reduction of Asbestos Exposure in Homes

Friday, April 17th, 2009

With a growing amount of resources devoted to eco-sustainable technologies, many homeowners are removing asbestos and replacing the substance with environmentally friendly alternatives.

On February 17, President Obama signed the American Recovery and Reinvestment Act into law. This package has given homeowners tax incentives to implement the use of environmentally sustainable forms of insulation as replacements for asbestos.

Included in the act are extensions to the tax incentives placed for energy efficiency in 2005, as well as new credits for homeowners who remodel or build using eco-sustainable methods. Existing homes are eligible for a series of efficiency measures that pertain to a home’s insulation, windows and sealing.

The stimulus package is having a direct impact in reducing the presence of asbestos and other corrosive materials in the home. Homeowners are adapting to the new “green” standard by updating older homes, making residences safer and more environmentally friendly.

Some of the measures that are eligible for tax credits include adding insulation to walls and ceilings and sealing cracks and ducts to reduce heat loss. Storm doors paired with wind and heat resistant wood doors are also eligible.

Replacing asbestos with an alternative insulation material such as cotton fiber, lycnene foam or cellulose will provide energy efficiency and will reduce the risk of asbestos exposure.

While there is no longer a need for products used in construction to contain asbestos, more than 3,000 work and home-based materials still contain this toxin.

Asbestos was highly regarded throughout the 20th century as an ideal building and construction material. The mineral’s natural resistance to fire and heat and its extreme durability made it ideal for use in many industries. Asbestos typically appeared in ceiling insulation, piping, siding, roof shingles and flooring.

Asbestos exposure is the only known cause of a rare cancer known as mesothelioma. Since many mesothelioma symptoms are similar to less serious ailments, diagnosing mesothelioma is often difficult.

Implementing green methods when constructing a building can have positive environmental, health and economic benefits including energy sustainability, increased property value, enhanced air quality, improved pulmonary health and the conservation of natural resources.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

Mesothelioma a Concern as Canada Continues to Export Asbestos

Monday, April 6th, 2009

While multiple countries around the world have issued bans on asbestos, Canada continues to export the toxic mineral to several developing countries, including India, Pakistan and Vietnam.

As a result, Pat Martin, Winnipeg Member of Parliament, is trying to make the House of Commons declare April Fools Day (April 1) an asbestos awareness day for asbestos-related diseases. “We’ve fooled the world with phony science for too long,” Martin said.

Martin is also asking for the government to end asbestos exports and improve health services for asbestos-related diseases, including lung cancer, asbestosis and pleural mesothelioma.

Much of Martin’s drive to make these changes stem from his youth when he spent two years mining asbestos in the Yukon. At the time, he was completely unaware that the effects from working in such an environment could be fatal.

Currently, Canada is exporting more than 200,000 tons of asbestos each year. In 2005, 61 percent of occupational fatalities in Canada were the result of asbestos exposure, totaling 340 people.

While the government is still reviewing Martin’s motion for an awareness day, the Canadian Cancer Society is in full support of Martin and wishes for some type of asbestos ban to take effect. They have already asked Prime Minister Stephen Harper to set a timeline for phasing out the use and export of Canada’s chrysotile asbestos.

Some believe chrysotile asbestos is less harmful than other forms of asbestos, but a spokesperson for the Canadian Cancer Society said, “We are stating factually that all forms of asbestos cause cancer.”

The last remaining active asbestos mine in Canada is located in Quebec, which exports 90 percent of all the asbestos that it produces.

The World Health Organization lists asbestos as a cancer-causing substance and reports 90,000 people worldwide pass away from an asbestos-related disease each year. More than 40 countries have already banned the use of chrysotile asbestos, including the United Kingdom, which banned the import and use of the hazardous mineral in 1999.

Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Cancer Center.

Global Mesothelioma Concern Continues Through Nanotechology

Monday, March 23rd, 2009

Due to the possible health hazards associated with nanotechnology, the Australian Council of Trade Unions (ACTU) is currently asking for safety regulations surrounding nanomaterials in order to protect workers. 

At the recent Science meets Parliament (an event that brings together nearly 200 scientists throughout Australia) Occupational and Health Safety Officer Steve Mullins said Australia needs nanotechnology regulations within a “clear and urgent” time frame. He believes that over the next decade, global revenues related to nanotechnology will increase from about $32 billion to $2.6 trillion.

The concern over nanotechnology stems from its resemblance to asbestos, a naturally occurring mineral. Previous studies have indicated that nanoparticles share similar characteristics to asbestos fibers, which have been proven to cause pleural mesothelioma and other asbestos-related diseases.

“What is happening is a market is growing in an unregulated space and that is dangerous for workers. From our point of view, there are growing concerns about the health and safety impacts of nanotechnology,” Mullins said.

Australia’s Commonwealth Scientific and Industrial Research Organisation (CSIRO) nanosafety leader Maxine McCall says scientists and policymakers are facing challenges in understanding the science behind nanotechnology.

“If we’re to have appropriate and sensible regulation, the policymakers have to be appropriately informed. Right now, we don’t have sufficient information in my opinion to have sensible regulation so a lot of scientific research has to be done in this area.”

Current estimates predict more than 800 consumer products around the world contain nanoparticles to some degree.

Just last month, the United States House of Representatives approved the National Nanotechnology Initiative Amendments Act (H.R. 554), which was designed to support the future development of nanotechnology while strengthening research to understand the potential risks of its usage.

The new legislation is requiring those participating in nanotechnology developments to also create a plan for environmental and safety research involving nanotechnology.

While some studies have shown that only nanoparticles of a particular long, thin shape have the potential to cause harm, the risk associated with nanotechnology deserves further research. Many feel there are lessons to be learned from the tragedies of asbestos exposure and the increase in products containing nanoparticles is an issue that cannot be ignored.

Additional information about asbestos exposure and mesothelioma may be found through the Mesothelioma Cancer Center.

Mesothelioma Highlighted During National Asbestos Awareness Week

Wednesday, March 11th, 2009

The Asbestos Disease Awareness Organization (ADAO) and other asbestos advocates throughout the United States can finally celebrate the passage of S.RES.57, a resolution that states National Asbestos Awareness Week will commence during the first week of April.

Founded by asbestos victims and their families in 2004, ADAO seeks to protect the rights of those affected by asbestos-related disease while raising public awareness about the hazards associated with asbestos exposure. Peritoneal mesothelioma, an aggressive cancer that develops in the lining of the abdomen, will be one of the many topics of discussion at ADAO’s upcoming Asbestos Awareness Conference and throughout National Asbestos Awareness Week.

Linda Reinstein, Executive Director and Co-Founder of ADAO, said, “We are grateful to the U.S. Senate to have the opportunity to work with doctors, scientists and public health advocates during National Asbestos Awareness Week to raise awareness and prevent asbestos exposure. During the past five years, ADAO has seen the progress and indeed, this confirms what Americans deserve and want. We know asbestos prevention and education will save lives and dollars.”

People are most commonly placed at risk of asbestos exposure when asbestos-contaminated materials are damaged or disturbed and the microscopic fibers that make up asbestos are released into the air. Once these fibers become airborne, the chances of inhalation increase significantly as they can remain in the air for quite some time.

In addition to mesothelioma, the inhalation of asbestos fibers has been known to cause lung cancer and asbestosis. While the effects of these illnesses might take several decades to arise, a diagnosis can be heartbreaking as the prognosis for an asbestos-related disease is typically poor.

ADAO is grateful to Senator Max Baucus (D-MT) for his contribution in finalizing the resolution. In addition to Baucus, other supporters included Senator Barbara Boxer (D-CA), Senator Richard Durbin (D-IL), Senator Dianne Feinstein (D-CA), Senator Johnny Isakson (R-GA), Senator Edward Kennedy (D-MA), Senator Patrick Leahy (D-VT), Senator Patty Murray (D-WA), Senator Harry Reid (D-NV), and Senator Jon Tester (D-MT).

“We applaud Senator Max Baucus and the cosponsors of S.RES.57 for their leadership and support in successfully introducing this significant resolution that declares the first week of April as National Asbestos Awareness Week,” said Linda Reinstein.

In preparation of National Asbestos Awareness Week, ADAO is holding their fifth annual Asbestos Awareness Conference at Marriott Manhattan Beach on March 27-29 in Manhattan Beach, California.

For more information on mesothelioma and asbestos exposure, please visit the Mesothelioma Cancer Center.

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