Until it was discovered that asbestos exposure can cause severe and even terminal illnesses in humans, it was widely used across industries for its corrosion and heat-resistant properties. Long exposures to this naturally occurring mineral are known to cause asbestosis, lung cancer and mesothelioma.
California reports the highest number of mesothelioma deaths in the country. Therefore, it is a good idea to understand the laws regarding asbestos in the state. Below is a brief guide to mesothelioma laws in California.
California and Federal Asbestos Regulations
The industrial use of asbestos has declined significantly since the 1970s after its adverse effects were acknowledged. However, since it could take decades for the symptoms of any illnesses caused by asbestos contamination to appear, new cases of mesothelioma and other diseases come forth every year.
The statute of limitations for mesothelioma or other asbestos exposure-related disabilities in California is one year from the date the injury was discovered or the date the victim realized that the injury was caused by asbestos exposure, whichever is later. In case of wrongful death, the clock starts ticking from the date of the death or the date when the plaintiff knew the death was caused by asbestos exposure, whichever is later.
Federal Regulations
To reduce fresh exposure, the state and the federal government have passed several laws over the years. In 1989, the U.S. Environmental Protection Agency (EPA) enacted the Ban and Phase-Out Rule to ban multiple asbestos-containing commonly used products.
The EPA regularly makes rules and proposals to protect the public from asbestos exposure. It has established regulations for identifying and removing asbestos in schools and public and commercial buildings. The FDA strictly regulates the usage of asbestos in drugs and restricts its usage in food packaging products.
Veterans suffering from asbestos-related illnesses who were exposed during their service are eligible for disability compensation in the form of tax-free monthly payments. They may also receive health care and other benefits.
State Regulations
The state of California has laws to protect its population from the potential hazards posed by asbestos, especially for vulnerable industries like shipping, mining, demolition and construction.
Only licensed contractors and certified consultants can conduct the testing and removal of asbestos in the state. All contractors must identify asbestos in the working area before starting any project and follow proper guidelines for its management. If asbestos is present in a building, the homeowner or employer is required to inform tenants, contractors and employees of its presence.