Update on U.S. ban asbestos legislative efforts

Excerpt from Laurie Kazan-Allen’s “Governments Debate Asbestos”

Although asbestos has not been banned in the United States, its use has dwindled considerably due to the threat of litigation. Nevertheless, campaigning groups have been actively lobbying for a number of years for a ban on all asbestos use in the U.S. In October 2007, the Ban Asbestos in America Act of 2007 was passed by the Senate.4 Unfortunately somewhere between the drafting of the Senate bill and its unanimous adoption, the language was changed to such an extent that the proposed legislation became unacceptable to the Asbestos Diseases Awareness Organization (ADAO), and others who support the cessation of all asbestos use in the U.S. American business executive, mesothelioma survivor and activist Paul Zygielbaum explains:

“Rather than banning all products containing asbestos, whether as an ingredient or as a contaminant, the revised Senate bill would ban only ‘asbestos containing materials,’ which have a legal definition that generally allows asbestos content up to 1% by weight. The revised bill also calls for studies of the state of scientific knowledge about the hazards of asbestos, a provision sought by industry sources. The bill omits provisions in the earlier draft that would have mandated government testing of products for asbestos content.”5

A determined effort began, directed at the House of Representatives (House), to reinstate the original wording. On May 18, there was a briefing of Democratic staffers on the Energy and Commerce Committee in Washington D.C. to consider the more stringent House Committee Print which seeks to “establish a ban on asbestos-containing products, initiate a public education effort to increase awareness of the dangers of exposure to asbestos and provide compliance testing.” Experts who gave evidence at this hearing included: Peg Seminario, Director of Safety and Health, ALF-CIO, Dr. Arthur Frank from Drexel University, Mrs. Linda Reinstein, Executive Director of the ADAO and others.

Should the House pass a stricter bill than the Senate, a legislative committee will be asked to produce a compromise bill for submission to the President. This opens up yet another can of worms such as the omissions which could be demanded by opponents of the ban as well as the possibility of a Presidential veto. Opinion is divided over the best course of action on the thorny 1% issue. Zygielbaum continues:

“The 1% limit defined in the Senate bill is viewed by some as a stop-gap, with the hope that a future Congress could muster the support needed for a complete ban.Others believe that, if the Senate bill becomes law, it’s unlikely to be revisited in the foreseeable future. Still others point out that the 1% limit would institutionalize asbestos content and contamination in products on American store shelves.one person put it, ‘A 1% limit could mean that it would be permissible to have asbestos in my cornflakes.'”

Speaking about the House hearing on May 18, Mrs. Reinstein said:

“The ADAO supports the House Committee Print that eliminates the 1% exemption and establishes a statutory ban on asbestos. We agree with the World Health Organization’s powerful statement that, ‘The most efficient way to eliminate asbestos-related diseases is to stop using all types of asbestos.’ Scientific technology has made gigantic strides in asbestos detection since the 1970s. We don’t have to compromise public safety by using antiquated analytical standards. Recent Congressional testimony reaffirmed that 1% is not a health based number and asbestos exposure is deadly. We only have one opportunity to ban asbestos – and it is now. Congress can and should pass this legislation to ban asbestos-containing products, initiate a public awareness program and provide for compliance testing which is fully justified, absolutely necessary, and long overdue.”

Whatever the eventual outcome of these activities, there can be little doubt that asbestos victims’ groups and campaigners are now participating at the highest levels of policy making on asbestos issues in the UK, India and the U.S. The bad old days when the asbestos industry had a stranglehold on national asbestos debates is well and truly over.

Full report available here.

In unity,

Linda Reinstein
Asbestos Disease Awareness Organization
1525 Aviation Blvd. Suite 318
Redondo Beach, California 90278

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