The usage of asbestos-containing products has significantly gone down in the last few decades. Still, since the symptoms of most asbestos-caused illnesses do not appear for decades, new cases of mesothelioma come to light every year.
Considering you will not see the effects of exposure for years or even decades, it is extremely important to be aware of the asbestos contamination laws in New York. Read on for a brief guide on mesothelioma laws in the state.
New York and Federal Asbestos Regulations
In New York, the statute of limitations for a mesothelioma lawsuit is three years after the discovery of the illness or the date on which the illness should have been reasonably discovered, whichever is earlier. If the victim dies of mesothelioma, a case must be filed within two years from the date of the death.
Since the discovery of the harmful effects of asbestos exposure, state and federal governments have enacted several laws and regulations to limit further exposure and protect people from its hazardous effects.
New York State Regulations
The state departments enforce strict regulations for training asbestos abatement workers and removing and handling asbestos materials that may cause the release of asbestos fiber. Except for a few exceptions, every building or structure must be inspected by licensed asbestos contractors for the presence of asbestos material before any demolition, renovation or repair.
If any asbestos material is discovered during the survey, the owner must hire a licensed asbestos abatement contractor to remove it according to the state guidelines. The demolition, renovation or repair must be put on hold until asbestos materials are safely removed from the building or structure.
Federal Regulations
In 1989, the U.S. Environmental Protection Agency (EPA) enacted the Ban and Phase-Out Rule to ban the use of several asbestos-containing products around the country. Since then, the EPA has made several rules and proposals to protect the public from asbestos exposure. It has laid down strict regulations to identify and remove asbestos safely from schools, public buildings, and commercial buildings.
The FDA regulates the use of asbestos in drugs and has restricted its usage in food packaging products. Veterans who were exposed to asbestos during their service and now suffer from asbestos-related illnesses are eligible for disability compensation from the government in the form of tax-free monthly payments.