asbestos awareness

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Asbestos Information

Asbestos (a misapplication of Latin: asbestos "quicklime" from Greek , "not" and sbestos, "extinguishable") describes any of a group of minerals that can be fibrous, many of which are metamorphic and are hydrous magnesium silicates.
The name is derived for its historical use in lamp wicks; the resistance of asbestos to fire has long been exploited for a variety of purposes. Asbestos was used in fabrics such as Egyptian burial cloths and Charlemagne's tablecloth (which according to legend, he threw in a fire to clean). Asbestos occurs naturally in many forms (see below); it is mined from metamorphic rocks.

When asbestos is used for its resistance to fire or heat, the fibers are often mixed with cement or woven into fabric or mats. Asbestos is used in brake shoes and gaskets for its heat resistance, and in the past was used on electric oven and hotplate wiring for its electrical insulation at elevated temperature, and in buildings for its flame-retardant and insulating properties, tensile strength, flexibility, and resistance to chemicals. The inhalation of asbestos fibers can cause a number of serious illnesses, including mesothelioma and cancer. Since the mid 1980s, many uses of asbestos are banned in multiple countries.

Types of asbestos and associated fibres  

Six minerals are defined as "asbestos" including, chrysotile, amosite, crocidolite, tremolite, anthophyllite and actinolite.

"White" asbestos
Chrysotile, CAS No. 12001-29-5, is obtained from serpentine rocks which is common throughout the world. The rocks are called serpentine because their fibers curl; Chrysotile fibers are curly as opposed to fibers from amosite, crocidolite, tremolite, actinolite, and anthophyllite which are needlelike.[1] Chrysotile, along with other types of asbestos, has been banned in dozens of countries and is only allowed in the United States and Europe in very limited circumstances. Chrysotile is used more than any other type and accounts for about 95% of the asbestos found in buildings in America.[2] Applications where Chrysotile might be used include the use of joint compound. It is more flexible than amphibole types of asbestos; it can be spun and woven into fabric. Chrysotile, like all other forms of industrial asbestos, has produced tumors in animals. Mesotheliomas have been observed in people who were occupationally exposed to chrysotile, family members of the occupationally exposed, and residents who lived close to asbestos factories and mines.[3]

"Brown" asbestos
Amosite, CAS No. 12172-73-5, is a trade name for the amphiboles belonging to the Cummingtonite - Grunerite solid solution series, commonly from Africa, named as an acronym from Asbestos Mines of South Africa. One formula given for Amosite is Fe7Si8O22(OH)2. It is found most frequently as a fire retardant in thermal insulation products and ceiling tiles.[2] This type of asbestos, like all asbestos, is very hazardous.

"Blue" asbestos
Crocidolite, CAS No. 12001-28-4 is an amphibole from Africa and Australia. It is the fibrous form of the amphibole riebeckite. Blue asbestos is commonly thought of as the most dangerous type of asbestos (see above and below). One formula given for Crocidolite is Na2Fe2+3Fe3+2Si8O22(OH)2. This type of asbestos is very hazardous.
Notes: chrysotile commonly occurs as soft friable fibers. Asbestiform amphibole may also occur as soft friable fibers but some varieties such as amosite are commonly straighter. All forms of asbestos are fibrillar in that they are composed of fibers with widths less than 1 micrometre that occur in bundles and have very long lengths. Asbestos with particularly fine fibers is also referred to as "amianthus". Amphiboles such as tremolite have a sheetlike crystalline structure. Serpentine (chrysotile) has a stringlike crystalline structure.(Inorganic Chemistry, E. de Barry Barnett and C. L. Wilson). Tremolite often comtaminates chrysotile asbestos, thus creating an additional hazard.

Other asbestos
Other regulated asbestos minerals, such as tremolite asbestos, CAS No. 77536-68-6, Ca2Mg5Si8O22(OH)2; actinolite asbestos (or smaragdite), CAS No. 77536-66-4, Ca2(Mg, Fe)5Si8O22(OH)2; and anthophyllite asbestos, CAS No. 77536-67-5, (Mg, Fe)7Si8O22(OH)2; are less commonly used industrially but can still be found in a variety of construction materials and insulation materials and have been reported in the past to occur in a few consumer products.
Other natural and not currently regulated asbestiform minerals, such as richterite, Na(CaNa)(Mg,Fe++)5[Si8O22](OH)2, and winchite, [ ](CaNa)Mg4(Al,Fe3+)Si8O22(OH)2, may be found as a contaminant in products such as the vermiculite containing Zonolite insulation manufactured by W.R. Grace and Company. These minerals are thought to be no less harmful than tremolite, amosite, or crocidolite, but since they are not regulated, they are referred to as "asbestiform" rather than asbestos although may still be related to diseases and hazardous.

In 1989 the United States Environmental Protection Agency (EPA) issued the Asbestos Ban and Phase Out Rule which was subsequently overturned in the case of Corrosion Proof Fittings v. U.S. Environmental Protection Agency, 1991. This ruling leaves many consumer products that can still legally contain trace amounts of asbestos. For a clarification of products which legally contain asbestos visit the EPA's clarification statement.[4]

Uses of Asbestos 

Historic usage
Asbestos was named by the ancient Greeks who also recognized certain hazards of the material. The Greek geographer Strabo and the Roman naturalist Pliny the Elder noted that the material damaged lungs of slaves who wove it into cloth.[6] Charlemagne, the first Holy Roman Emperor, had a tablecloth made of asbestos.[7][8] Wealthy Persians, who bought asbestos imported over the Hindu Kush, amazed guests by cleaning the cloth simply by exposing it to fire. The Persians believed the fiber was fur from an animal that lived in fire and died when exposed to water.[9][10] Some archeologists believe that ancients made shrouds of asbestos, wherein they burned the bodies of their kings, in order to preserve only their ashes, and prevent their being mixed with those of wood or other combustible materials commonly used in funeral pyres.[11]

Others assert that the ancients used asbestos to make perpetual wicks for sepulchral or other lamps.[8][9] In more recent centuries, asbestos was indeed used for this purpose. Although asbestos causes skin to itch upon contact, ancient literature indicates that it was prescribed for diseases of the skin, and particularly for the itch. It is possible that they used the term asbestos for alumen plumosum, because the two terms have often been confused throughout history.[11]

Asbestos became more widespread during the industrial revolution, in the 1860's it was used as insulation in the US and Canada. Development of the first commercial asbestos mine began in 1879 in the Appalachian foothills of Quebec.[12] By the mid 20th century uses included fire retardant coatings, concrete, bricks, pipes and fireplace cement, heat, fire, and acid resistant gaskets, pipe insulation, ceiling insulation, fireproof drywall, flooring, roofing, lawn furniture, and drywall joint compound.[8]

Approximately 100,000 people have or will die from asbestos exposure related to ship building. In Hampton Roads, a shipbuilding town, mesothelioma occurrence is seven times the national rate.[13] Thousands of metric tons of asbestos were used in WWII ships to wrap the pipes, line the boilers, and cover engine and turbine parts. There were approximately 4.3 million shipyard workers during WWII, for every thousand workers about 14 died of mesothelioma and an unknown number died from asbestosis.[14]

Asbestos fibers were once used in automobile brake pads and shoes. Since the mid-1990s, a majority of brake pads, new or replacement, have been manufactured instead with Aramid fiber (Twaron or Kevlar) linings (the same material used in bulletproof vests).

Kent, the first filtered cigarette on the market, used crocidolite asbestos in its "Micronite" filter from 1952 to 1956.[15]

The first documented death related to asbestos was in 1906.[7] In the early 1900's researchers began to notice a large number of early deaths and lung problems in asbestos mining towns. The first diagnosis of asbestosis was made in England in 1924.[6] England protected asbestos workers about ten years faster than the US, by the 1930s England regulated ventilation and made asbestos an excusable work related disease.[6][16] The term mesothelioma was not used in medical literature until 1931, and wasn't associated with asbestos until sometime in the 1940's.[7]

The United States government and asbestos industry have been criticized for not acting fast enough to inform the public of dangers, and reduce public exposure. In the late 1970's court documents proved that asbestos industry officials knew of asbestos dangers and tried to conceal them.[17]

In Japan, particularly after World War II, asbestos was used in the manufacture of ammonium sulfate for purposes of rice production, sprayed upon the ceilings, iron skeletons, and walls of railroad cars and buildings (during the 1960s), and used for energy efficiency reasons as well. Production of asbestos in Japan peaked in 1974 and went through ups and downs until about 1990, when production began to drop severely [1].

Modern Usage

Serpentine group
In the United States, chrysotile has been the most commonly used type of asbestos. Chrysotile is often present in a wide variety of materials, including :

joint compound
mud and texture coats
vinyl floor tiles, sheeting, adhesives
roofing tars, felts, siding, and shingles
"transite" panels, siding, countertops, and pipes
fireproofing
caulk
gaskets
brake pads and shoes
clutch plates
stage curtains
fire blankets
interior fire doors
fireproof clothing for firefighters
thermal pipe insulation
In the European Union and Australia it has recently been banned as a potential health hazard[18] and is not used at all. Japan is moving in the same direction, but more slowly. Revelations that hundreds of workers had died in Japan over the previous few decades from diseases related to asbestos sparked a scandal in mid-2005 [2]. Tokyo had, in 1971, ordered companies handling asbestos to install ventilators and check health on a regular basis; however, the Japanese government did not ban crocidolite and amosite until 1995, and a full-fledged ban on asbestos was implemented in October 2004 [3].

[edit] Amphibole group
Amosite and crocidolite were formally used in many products until the early 1980s. The use of all types of asbestos in the amphibole group was banned (in much of the Western world) by the mid-1980s, and by Japan in 1995. These products were mainly:

Low density insulation board and ceiling tiles
asbestos-cement sheets and pipes for construction, casing for water and electrical/telecommunication services
thermal and chemical insulation (i.e., fire rated doors, limpet spray, lagging and gaskets)

Substitutes for Asbestos 

Substitutes for asbestos in construction
Fiberglass insulation was invented in 1938 and is now the most commonly used type of insulation material.

Many companies that produced asbestos-cement products that were reinforced with asbestos fibres have developed products incorporating organic fibres. One such product was known as Eternit and another Everite now use Nutec fibres which consist of organic fibres, portland cement and silica.

Another potential fiber is Polybenzimidazole or PBI fiber. Polybenzimidazole is a synthetic fiber with no melting point that also does not ignite. Due to its exceptional thermal and chemical stability, it is often used by fire departments and space agencies.

Asbestos Production Trends  

In 2005, the world mined 2,200,000 tons of asbestos, Russia was the largest producer with about 40% world share followed by China and Kazakhstan, reports the British Geological Survey.[5]

Fibro Cement 

Fibro, the shortened form of "Fibrous Cement" - or "Fibrous Asbestos Cement", FAC, is a building material made of compressed fibres cemented into rigid sheets.[1] Manufactured and sold in Australia until the mid 1980's "Fibro" in all it's forms was a very popular building material. The fibres involved were almost always Asbestos based.

Products Used In The Building Industry
Flat sheets for house walls and ceilings were usually 6mm and 4.5mm thick, in 900 and 1200 widths and from 1800 to 3000 long.
Battens 50mm wide x 8mm thick. Used to cover the joints in the sheets.
Super Six corrugated roof sheeting and fencing.
Internal wet area sheeting, "Tilux"
Pipes of various sizes for water and drainage.
Moulded products from plant pots to cable pits.

Asbestos & The Law  

Background
At the turn of the last century, asbestos was considered an ideal material for use in the construction industry. It was known to be an excellent fire retardant, to have high electrical resistivity, and was inexpensive and easy to use.[1]

The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them.[2] They are also sharp and penetrate tissues.

Health problems attributed to asbestos include[3]

Asbestosis - A lung disease first found in naval shipyard workers, asbestosis is a scarring of the lung tissue from an acid produced by the body's attempt to dissolve the fibers. The scarring may eventually become so severe that the lungs can no longer function. The latency period ( meaning the time it takes for the disease to develop) is often 10-20 years.
Mesothelioma - A cancer of the mesothelial lining of the lungs and the chest cavity, the peritoneum (abdominal cavity) or the pericardium (a sac surrounding the heart). Unlike lung cancer, mesothelioma has no association with smoking.[4] The only known cause is from exposure to asbestos or similar fibers. The latency period for mesothelioma may be 20-50 years. The prognosis for mesothelioma is grim, with most patients dying within 12 months of diagnosis.
Cancer - Cancer of the lung, gastrointestinal tract, kidney and larynx have been linked to asbestos. The latency period for cancer is often 15-30 years. [9]
Considerable international controversy exists regarding the perceived rights and wrongs associated with litigation on compensation claims related to asbestos exposure and alleged subsequent medical consequences. Some measure of the vast range of views expressed in legal and political circles can perhaps be exemplified by the two quotes below, the first [5] from Prof. Lester Brickman, an American legal ethicist writing in the Pepperdine Law Review, and second, the Honourable Michael Wills [6], British Member of Parliament, speaking in the House of Commons on July 13th. 2006:

"A review of the scholarly literature indicates a substantial degree of indifference to the causes of this civil justice system failure. Many of the published articles on asbestos litigation focus on transactional costs and ways in which the flow of money from defendants to plaintiffs and their lawyers can be expeditiously and efficiently prioritized and routed. The failure to acknowledge, let along analyze, the overriding reality of specious claiming and meritless claims demonstrates a disconnect between the scholarship and the reality of the litigation that is nearly as wide as the disconnect between rates of disease claiming and actual disease manifestation".

"Many of those who I see in my surgeries have worked in a number of workplaces and they could have been exposed to asbestos in each of them, but medical science is such that no one can identify which of them it is. As a result, there has been a long and complex history of legal discussion on how to apportion liability. The lawyers and the judiciary have wrestled, rightly and valiantly, with complex and difficult law, but it has created despair for the families whom we represent. Many of my constituents' families have been riven by the consequences of litigation in trying to get some compensation for a disease that has been contracted through no fault of theirs. That is cruel and unacceptable".

Regulation and government action
Worldwide, 60 countries (including those in the European Union) have banned the use of asbestos, in whole or in part.[10]. Some examples follow.

Australia
A nationwide ban on importing and using all forms of asbestos took effect on 31 December 2003. Reflecting the ban, the National Occupational Health and Safety Commission (NOHSC) revised asbestos-related material to promote a consistent approach to controlling exposure to workplace asbestos and to introduce best-practice health and safety measures for asbestos management, control and removal. The ban does not cover asbestos materials or products already in use at the time the ban was implemented.[11]

Although Australia has only a third of the UK's population, its asbestos disease fatalities approximate Britain's of more than 3,000 people per year.[12]

Canada
The only asbestos mines still operating in Canada are in the Province of Quebec. They are owned by the Quebec government who expropriated the Asbestos Corporation Limited in 1981 from its American parent, General Dynamics. Quebec is the second largest producer in the world behind Russia and the world's largest exporter of asbestos. Quebec exports 95 percent of its chrysotile production, mostly to Asian and other poor countries.[7] In 1999 the government of Canada went before the World Trade Organization to challenge, unsuccessfully, the ban on asbestos in France.[8]

France
France banned the use of asbestos in 1997, and the WTO upheld France's right to the ban in 2000. In addition, France has called for a world-wide ban. [13].

United Kingdom
The British Government's Health and Safety Executive (HSE) has promoted rigorous controls on asbestos handling, based on reports linking exposure to asbestos dust or fibres with thousands of annual deaths from mesothelioma and asbestos-related lung cancer.

"At least 3500 people in Great Britain die each year from mesothelioma and asbestos related lung cancer as a result of past exposure to asbestos. Annual numbers of deaths are predicted to go on rising into the next decade." [14]
The TUC (UK) report cites a figure of 5000 deaths per year. TUC (UK)
The HSE does not assume that any minimum threshold exists for exposure to asbestos below which a person is at zero risk of developing mesothelioma, since they consider that it cannot currently be quantified for practical purposes; they cite evidence from epidemiological studies of asbestos exposed groups to argue that even if any such threshold for mesothelioma does exist, it must be at a very low level. [15]. (There is currently no scientific consensus as to whether there does indeed exist such a specific threshold ).

United States
The American Bar Association states that a growing number of claimants do not, and may never, suffer from asbestos illness. Because of the fear of a running statute of limitations, many people file claims who are not presently ill, but have had X-rays that show changes 'consistent with' asbestos disease. This 'now or never filing' is clogging the courts and delaying seriously ill claimants from having their cases heard. To alleviate this problem, the ABA recommends that (1) a clear standard of impairment be implemented, and (2) the statute of limitations not start ticking until a person actually becomes ill.[16]

In the United States, 10,000 people a year die from asbestos-caused diseases, including one out of every 125 American men who die over the age of 50. [17] The Environmental Protection Agency (EPA) has no general ban on the use of asbestos. However, asbestos was one of the first hazardous air pollutants regulated under Section 112 of the Clean Air Act of 1970, and many applications have been forbidden by the Toxic Substances Control Act (TSCA). [18]

According to a September 2004 of the American Journal of Respiratory and Critical Care Medicine, asbestos is still a hazard for 1.3 million US workers in the construction industry and for workers involved in the maintenance of buildings and equipment. [19]

A Senate Subcommittee of the Health Education Labor and Pensions Committee heard testimony on July 31, 2001, regarding the health effects of asbestos. Members of the public, doctors, and scientists called for the United States to join other countries in a ban on the product.[20]

Civil litigation

The first lawsuits against asbestos manufacturers were brought in 1929. [21] Since then, many lawsuits have been filed. As a result of the litigation, manufacturers sold off subsidiaries, diversified, produced asbestos substitutes, and started asbestos removal businesses. [22] In June 1982, a retired boiler-maker, James Cavett, won a record award of $2.3 million compensatory and $1.5 million in punitive damages. [23]

The Manville Corporation, formerly the Johns-Manville Corporation, filed for reorganization and protection under the United States Bankruptcy Code in August 1982. At the time, it was the largest company ever to file bankruptcy, and was one of the richest. Manville was then 181st on the Fortune 500, but was the defendant of 16,500 lawsuits related to the health effects of asbestos. [24]

Johns-Manville was described by Ron Motley, a South Carolina attorney, as "the greatest corporate mass murderer in history." Court documents show that the corporation had a long history of hiding evidence of the ill effects of asbestos from its workers and the public. One of many examples is a memo from Johns-Manville's medical director to corporate headquarters[25]:

The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But, as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the company can benefit by his many years of experience.
By the early 1990s, "more than half of the 25 largest asbestos manufacturers in the US, including Amatex, Carey-Canada, Celotex, Eagle-Picher Industries, Forty-Eight Insulations, Manville Corporation, National Gypsum, Standard Insulation, Unarco, and UNR Industries had declared bankruptcy. Filing for bankruptcy protects a company from its creditors." [26].

The future of asbestos civil litigation
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Asbestos Photos 

June09 135 by Lord Jim

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Group Show @ Carmichael Gallery "Mood Swings" by bumblebee...............

Group Show @ Carmich...

Arbeider in asbestkleding / Worker wearing protecting clothes (asbestos) by Nationaal Archief

Arbeider in asbestkl...

Basilone Theater @ Treasure Island by jdnx

Basilone Theater @ T...

Asbestos Civil Litigation 

Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 6,000 defendants and 600,000 claimants.[27] Current trends indicate that the rate at which people are diagnosed with the disease will likely increase though the next decade. Analysts have estimated that the total costs of asbestos litigation in the USA alone will eventually reach $200 billion. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.
The controversy over asbestos-related liability issues is reflected by recent press reports and the position taken by the American Bar Association.

United Kingdom
Guardian Unlimited reported a test-case ruling in 2005, that allowed thousands of workers to be compensated for pleural plaques. Diffuse or localised fibrosis of the pleura, or pleural plaques, is less serious than asbestosis or mesothelioma, but is also considered a disease closely linked to the inhalation of asbestos.[28] However, insurers claimed the plaques are "simply a marker for asbestos exposure rather than an injury." Mr Justice Holland rejected the insurers' arguments, and counsel for workers hailed the decision as a "victory that puts people before profits." [29]. However this decision was reversed on appeal to the Court of Appeal . The issue was heard by the House of Lords in June 2007 with a decision expected around Autumn 2007.

Insurance companies allege that asbestos litigation has taken too heavy a toll on insurance and industry. A 2002 article in the British Daily Telegraph's Associate quoted Equitas, the reinsurance vehicle which assumed Lloyd's of London's liabilities, which argued that asbestos claims were "greatest single threat to Lloyd's of London's existence." [30]. Of note is that Lloyd's of London had been sued for fraud by its investors, who claimed Lloyd's misrepresented pending losses from asbestos claims.[31].

A recent turning point has recently come about involving the case of a young 45 year old mother from Southsea, Hampshire, who was exposed to asbestos from her grandfather's work clothes and now suffers from mesothelioma. As a result, Michelle Campbell has received over £140,000 in compensation for her pain and suffering from the Ministry of Defence, highlighting that the legacy of asbestos will continue and is now capable of affecting a third generation of victims - the grandchildren of former dockyard workers and other men who worked with the deadly substance throughout their careers. [32].

Scotland
In May 2006, the House of Lords ruled that compensation for asbestos injuries should be reduced where responsibility could not be attached to a single employer. [33] Critics, including trade unions, asbestos groups and Jim Wallace, former justice minister, have condemned the ruling. They said it overturned the traditional Scottish law to such cases, and was a breach of natural justice. As a result of this outcry, the ruling has been overturned by Section three of the Compensation Act 2006.

United States
Asbestos-related cases increased significantly on the U.S. Supreme Court docket after 1980. The Court has dealt with several asbestos-related cases since 1986. Two large class action settlements, designed to limit liability, came before the Court in 1997 and 1999. Both settlements were ultimately rejected by the Court because they would exclude future claimants, or those who later developed asbestos-related illnesses. See Amchem Products v. Windsor et al and Ortiz v. Fireboard Corp.These rulings addressed the 20-50 year latency period of serious asbestos-related illnesses.

Congress is still considering legislation from 2005 entitled the "Fairness in Asbestos Injury Resolution Act of 2005". The Act would establish a $140 billion trust fund to supplant litigation as a means to compensate victims of asbestos and limit liability. On April 26, 2005, Dr. Philip Landrigan, Professor of Occupational and Environmental Medicine and Chairman of the Department of Community and Preventive Medicine at Mount SInai School of Medicine, testified before the US Senate Committee on the Judiciary against this proposed legislation. He testified that many of the bill's provisions are unsupported by medicine and would unfairly exclude a large number of people who have become ill or died from asbestos: "The approach to the diagnosis of disease caused by asbestos that is set forth in this bill is not consistent with the diagnostic criteria established by the American Thoracic Society. If the bill is to deliver on its promise of fairness, these criteria will need to be revised." Also opposing the bill are the American Public Health Association and the Asbestos Workers Union.[34]

On June 14, 2006, the Senate Judiciary Committee Committee approved an amendment to the Act which would allow victims of mesothelioma $1.1M within 30 days of their claim's approval.[35] This version would also expand eligible claimants to people exposed to asbestos from the September 11, 2001 attacks on the World Trade Center, and to construction debris in Hurricanes Katrina and Rita.[36]

The online battle
Asbestos and specifically Mesothelioma are responsible for the most expensive AdSense keywords as of 2006. [37] With typical case payouts often in the millions of dollars it has become a battleground for SEO with some law firms spending over $50,000USD/month for their AdSense campaigns alone.[citations needed]

Criminal prosecution

United States

W. R. Grace and Company
According to the US Department of Justice(DOJ), a federal grand jury indicted W. R. Grace and Company and seven top executives on Februarly 5, 2005 for its operations of a vermiculite mine in Libby, Montana.[38] The indictment accused Grace of wire fraud, knowing endangerment of residents by concealing air monitoring results, obstruction of justice by interfering with an Environmental Protection Agency(EPA) investigation, violation of the Clean Air Act, providing asbestos materials to schools and local residents, and conspiracy to release asbestos and cover up health problems from asbestos contamination. The DOJ said 1,200 residents have developed asbestos-related diseases and some have died, and there could be many more injuries and deaths.[39][40]

The conspiracy charges alone could result in a sentence of five years in prison, a $250,000 fine and three years of supervised release, as well as a $1 million fine per violation by the company.[41]

On June 8, 2006, a federal judge dismissed the conspiracy charge of "knowing endangerment" because some of the defendant officials had left the company before the 5 year statute of limitations had begun to run. The wire fraud charge was dropped by prosecutors in March. However, the company still faces the other charges. The trial is scheduled to start September 11, 2006. [42]

Environmental - Asbestos Removal and Cleanup
W. R. Grace and Company , which filed bankruptcy in 2001, faces fines of up to $280 million dollars, for polluting the town of Libby, Montana. Libby was declared a Superfund disaster area in 2002, and the EPA has spent $54 million dollars in cleanup. Grace was ordered by a court to reimburse the EPA for cleanup costs, but the bankruptcy court must approve any payments.[43]

Asbestos abatement (removal of asbestos) has become a thriving industry in the United States. Strict removal and disposal laws have been enacted to protect the public from airborne asbestos. The Clean Air Act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. Over the last ten years, the federal government has prosecuted dozens of violations of the Act and violations of Racketeer Influenced and Corrupt Organizations Act (RICO) related to the operations. Often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. Contractors who ignore safety regulations in removing asbestos commit an environmental crime that exposes countless people to potentially fatal and excruciatingly painful lung diseases. [44]

On January 11, 2006, San Diego Gas & Electric Co., two of its employees and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in Lemon Grove, California. The defendants were charged with five charges of conspiracy, violating asbestos work practice standards and making false statements. If convicted the workers face five-year prison terms and a $250,000 fine for each violation. San Diego Gas & Electric faces fines of $2.5 million dollars.

On December 12, 2004, New York father and son owners of asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in U.S. history. The crimes related to a 10 year scheme to illegally remove asbestos. They were convicted on all 18 counts of conspiracy to violate the Clean Air Act and the Toxic Substances Control Act; violations of the Clean Air Act, and RICO. The RICO count included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. The son was sentenced to 25 years in prison, forfeiture of $2 million in illegal proceeds from RICO activities and restitution of $23,039,607 to his victims. His father was sentenced to 17-1/2 years in prison, forfeiture of $1.7 million in illegal proceeds and restitution of $22,875,575 to his victims.[45]

On April 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging Wisconsin manufacturing plant. Then US Attorney General Janet Reno said, "Knowingly removing asbestos improperly is criminal. Exploiting the homeless to do this work is cruel."

Other similar cases can be found at the DOJ website. [46]

Asbestos Law references 

References
1 [1] Medical News Today. 16 September 2004. Retrieved 15 April 2006.
2 Casarrett & Doull's Toxicology (2001), pp 520-522
3 [2][3]. EPA publication on Asbestos. Retrieved 15 April 2006.
4 Muscat JE, Wynder EL (1991). "Cigarette smoking, asbestos exposure, and malignant mesothelioma". Cancer Research 51 (9): 2263-7. PMID 2015590 [4].
5 [5]Pepperdine Law Review, Vol. 31, No. 33, 2004
6 [6]Hansard, official verbatim transcript of proceedings in the British Parliament
7 Article in STLtroday.com (St. Louis Post-Dispatch) [7]
8 Washington Post article: Canada's Deadly Export[8]
This article is licensed under the GNU Free Documentation License.It uses material from the Wikipedia article "Asbestos and the Law".

Litigation  

Main article: Asbestos and the law
Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 6,000 defendants and 600,000 claimants.[26] Current trends indicate that the rate at which people are diagnosed with the disease will likely increase through the next decade. Analysts have estimated that the total costs of asbestos litigation in the USA alone is over $250 billion[27]. Due to the prevalence of asbestos, it is normally part of the scope of a Phase I Environmental Site Assessment to inspect for potential asbestos in a building which is being sold.

The volume of the asbestos liability has alarmed the manufacturers and insurance industry. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

Health Issues 

Health concern associated with asbestos began in the 1970s soon after Dr. Irving Selikoff, of Mt. Sinai School of Medicine, found that some workers, occupationally exposed to certain amphibole (non-serpentine) type asbestos fibers, were at increased risk of lung disease. EWG Action Fund estimates that in the United States, about 10,000 people die each year of asbestos-related diseases, such as mesothelioma, asbestosis, lung cancer, and gastrointestinal cancer.[19]

Asbestos as a contaminant
Most respirable asbestos fibers are invisible to the unaided human eye because their size is about 3.0-20.0 µm in length and can be as thin as 0.01 µm. Human hair ranges in size from 17 to 181 µm in width.[20] Fibers ultimately form because when these minerals originally cooled and crystallized, they formed by the polymeric molecules lining up parallel with each other and forming oriented crystal lattices. These crystals thus have three cleavage planes, just as other minerals and gemstones have. But in their case, there are two cleavage planes that are much weaker than the third direction. When sufficient force is applied, they tend to break along their weakest directions, resulting in a linear fragmentation pattern and hence a fibrous form. This fracture process can keep occurring and one larger asbestos fiber can ultimately become the source of hundreds of much thinner and smaller fibers.

As asbestos fibers get smaller and lighter, the more easily they become airborne and human respiratory exposures can result. Fibers will eventually settle but may be re-suspended by air currents or other movement.

Friability of a product containing asbestos means that it is so soft and weak in structure that it can be broken with simple finger crushing pressure. Friable materials are of the most initial concern due to their ease of damage. The forces or conditions of usage that come into intimate contact with most non-friable materials containing asbestos are substantially higher than finger pressure.

Naturally occurring asbestos
Asbestos from natural geologic deposits is known as "Naturally Occurring Asbestos" (NOA). Health risks associated with exposure to NOA are not yet fully understood, and current federal regulations do not address exposure from NOA. Many populated areas are in proximity to shallow, natural deposits which occur in 50 of 58 California counties and in 19 other U.S. states. In one study, data was collected from 3,000 mesothelioma patients in California and 890 men with prostate cancer, a malignancy not known to be related to asbestos. The study found a correlation between the incidence of mesotheliomas and the distance a patient lived from known deposits of rock likely to include asbestos, the correlation was not present when the incidence of prostate cancer was compared with the same distances. According to the study, risk of mesothelioma declined by 6 percent for every 10 kilometers that an individual had lived from a likely asbestos source.[21]

Portions of El Dorado county are known to contain natural asbestos formations near the surface.[21] The USGS studied amphiboles in rock and soil in the area in response to an EPA sampling study and subsequent criticism of the EPA study. The study found that many amphibole particles in the area meet the counting rule criteria used by the EPA for chemical and morphological limits, but do not meet morphological requirements for commercial-grade-asbestos. The executive summary pointed out that even particles that do not meet requirements for commercial-grade-asbestos may be a health threat and suggested a collaborative research effort to assess health risks associated with "Naturally Occurring Asbestos".[22]

Large portions of Fairfax County, Virginia were also found to be underlain with tremolite. The county monitored air quality at construction sites, controlled soil taken from affected areas, and required freshly developed sites to lay 6 inches of clean, stable material over the ground.[21]

Asbestos in the environment
Asbestos is in the air we breathe and some of the water we drink, including water from natural sources.[23] Studies have shown that members of the general (nonoccupationally exposed) population have tens of thousands to hundreds of thousands of asbestos fibers in each gram of dry lung tissue, which translates into millions of fibers and tens of thousands of asbestos bodies in every person's lungs.[24]

The EPA has proposed a concentration limit of 7 million fibers per liter of drinking water for long fibers (lengths greater than or equal to 5 µm). OSHA (Occupational Safety and Health Administration) has set limits of 100,000 fibers with lengths greater than or equal to 5 µm per cubic meter of workplace air for 8-hour shifts and 40-hour work weeks.[25]

Asbestos construction in developing countries
Countries like India and China have continued widespread use of asbestos. The most common is corrugated Asbestos-Cement Sheets or A/C Sheets for roofing and for side walls. Millions of homes, factories, schools or sheds and shelters continue to use asbestos. Eternit Everest, Hyderabad Industries and RamCo are some of the major asbestos products manufacturers in India.

Cutting these sheets to size and drilling holes to receive 'J' bolts to help secure the sheets to roof framing is done on site. There has been no significant change in production and use of A/C Sheets in developing countries following the widespread restrictions in Developed Nations.

Other asbestos-related diseases
asbestos warts - caused when the sharp fibers lodge in the skin and are overgrown causing benign callus-like growths.
pleural plaques - discrete fibrous or partially calcified thickened area which can be seen on X-rays of individuals exposed to asbestos. They do not become malignant or cause other lung impairment.
diffuse pleural thickening - similar to above and can sometimes be associated with asbestosis. Usually no symptoms shown but if extensive can cause lung impairment.

Mesothelioma  

Mesothelioma is a form of cancer that is almost always caused by previous exposure to asbestos.[1] In this disease, malignant cells develop in the mesothelium, a protective lining that covers most of the body's internal organs. Its most common site is the pleura (outer lining of the lungs and chest cavity), but it may also occur in the peritoneum (the lining of the abdominal cavity) or the pericardium (a sac that surrounds the heart).

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fibre in other ways, such as by washing the clothes of a family member who worked with asbestos, or by home renovation using asbestos cement products. Unlike lung cancer, there is no association between mesothelioma and smoking [2].

Signs and symptoms
Symptoms of mesothelioma may not appear until 20 to 50 years after exposure to asbestos. Shortness of breath, cough, and pain in the chest due to an accumulation of fluid in the pleural space are often symptoms of pleural mesothelioma.

Symptoms of peritoneal mesothelioma include weight loss and cachexia, abdominal swelling and pain due to ascites (a buildup of fluid in the abdominal cavity). Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

These symptoms may be caused by mesothelioma or by other, less serious conditions.

Mesothelioma that affects the pleura can cause these signs and symptoms:

chest wall pain
pleural effusion, or fluid surrounding the lung
shortness of breath
fatigue or anemia
wheezing, hoarseness, or cough
blood in the sputum (fluid) coughed up
In severe cases, the person may have many tumor masses. The individual may develop a pneumothorax, or collapse of the lung. The disease may metastasize, or spread, to other parts of the body.

Tumors that affect the abdominal cavity often do not cause symptoms until they are at a late stage. Symptoms include:

abdominal pain
ascites, or an abnormal buildup of fluid in the abdomen
a mass in the abdomen
problems with bowel function
weight loss
In severe cases of the disease, the following signs and symptoms may be present:

blood clots in the veins, which may cause thrombophlebitis
disseminated intravascular coagulation, a disorder causing severe bleeding in many body organs
jaundice, or yellowing of the eyes and skin
low blood sugar level
pleural effusion
pulmonary emboli, or blood clots in the arteries of the lungs
severe ascites
A mesothelioma does not usually spread to the bone, brain, or adrenal glands. Pleural tumors are usually found only on one side of the lungs.

References
1 United States Department of Health and Human Services.
2"Cigarette smoking, asbestos exposure, and malignant mesothelioma" by Muscat JE, Wynder EL in Cancer Research (1991) volume 51 pages 2263-7 Entrez PubMed 2015590
This article is licensed under the GNU Free Documentation License.It uses material from the Wikipedia article "Mesothelioma".

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Footnotes 

1 American Cancer Society
2 a b Wisconson Department of Natural Resources
3 American Cancer Society
4 EPA clarification statement on asbestos (PDF format.
5 World Mineral Production 2001-2005 6. British Geological Survey. Retrieved on 2007-08-03.
6 a b c Asbestos Resource Center
7 a b c Mesothelioma Center
8 a b c Understanding AsbestosMesothelioma Applied Research Center
9 a b University of Calgary
10 A Brief History of Asbestos Use and Associated Health RisksEnvironmental Chemistry.com
11 a b History of science This article incorporates content from the 1728 Cyclopaedia, a publication in the public domain.
12 Shipyards, a Crucible for Tragedy
13 Horrible Toll Could Have Been Avoided
14 Shipyards, a Crucible for Tragedy
15 Cancer Research 55, 1 June 1995
16 American Cancer Society
17 Shipyards, a Crucible for Tragedy
18 http://www.ascc.gov.au/ascc/NewsEvents/MediaReleases/2001/NOHSCdeclaresprohibitiononuseofchrysotileasbestos.htm
19 Asbestos and cancer
20 Physics factbook on asbestos
21 a b c Raloff, Janet (July 8), "Dirty Little Secret", Science News
22 Meeker, G.P.; H.A. Lowers & G.A. Swayze et al. (December), Mineralogy and Morphology of Amphiboles Observed in Soils and Rocks in El Dorado Hills, California
23 Centre for disease control article on asbestos
24 Medscape article on asbestos
25 Agency for toxic substances and disease registry article on asbestos
26 American Bar Association article on asbestos litigation
27 [The Economist - The war on tort, 26 Jan. 2005]
28 a b c EC measures affecting asbestos products World Trade Organization
29 Stop Canada's Export Of Asbestos CFMEU
30 Multinational Monitor article on Corporate junk science, retrieved December 16th, 2006
31 Lehr, Jay (1992-05-15). Rational Readings on Environmental Concerns. Wiley, 119. ISBN 0471284858.
32 Asbestos and Challenger Disaster
33 MSNBC article on myths of the Challenger disaster, retrieved December 16th, 2006
34 Asbestos and the Challenger disaster, retrieved December 16th, 2006
35 The Junkman's Answer to Terrorism: Use More Asbestos, retrieved July 16th, 2007
36 Fox News - Asbestos Fireproofing Might Have Prevented World Trade Center Collapse, retrieved July 27th, 2007
37 Asbestos and the WTC collapse, retrieved December 16th, 2006
38 Center for Fire Research PDF, retrieved December 16th, 2006
39 Why Did the World Trade Center Collapse? Science, Engineering, and Speculation, retrieved December 16th, 2006
This article is licensed under the GNU Free Documentation License.It uses material from the Wikipedia article "Asbestos".
http://www.understanding-asbestos.isgreat.org/GNU.php

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