California Asbestos Regulations The dangers of asbestos exposure were known long before efforts were made to protect

workers. As early as 1906, some doctors suspected that asbestos fibers may be harmful, and this suspicion appears in medical and scientific literature from the 1920s and 1930s. By the 1930s and 1940s, medical evidence clearly linked asbestos exposure to lung disease and cancer. The asbestos industry itself conducted research that uncovered early evidence of a correlation between asbestos and disease, but much of this information was suppressed. With the passage of the Clean Air Act of 1970 (CAA), new standards and regulations were enacted to help protect the general public from dangerous airborne substances. Under Section 112 of the Clean Air Act, harmful air pollutants were listed, including asbestos, but asbestos was not officially recognized as a poisonous substance until 31st March 1971. Section 112 of the CAA also established the National Emission EPA Logo Standards for Hazardous Air Pollutants (NESHAP), which regulates the amount of asbestos fibers released during activities that involve their use. The NESHAP has been amended numerous times, most recently in 1999. The amended NESHAP covers

The milling of asbestos Roadways containing ACM (asbestos-containing material) The commercial manufacture of products that contain commercial asbestos The demolition of all facilities The renovation of facilities that contain friable ACM The spraying of ACM The processing of any manufactured products that contain asbestos The use of insulating materials that contain commercial asbestos The disposal of asbestos-containing waste generated during milling, manufacturing, demolition, renovation, spraying, and fabricating operations The closure and maintenance of inactive waste disposal sites The operation of and reporting on facilities that convert asbestos-containing waste material into non-asbestos material The design and operation of air cleaning devices The reporting of information pertaining to process control equipment, filter devices, asbestos generating processes, etc. Active waste disposal sites

California Asbestos Litigation In 1980, the state of California enacted Civil Procedure 340.2, establishing a separate statute of limitations on asbestos claims. This Civil Procedure enables a speedy trial and

settlement for asbestos patients. If alive when the case is initially filed, these claimants have a year, either from the date of diagnosis or from the date of first incurred disabilities, to file a claim. If, however, the claimant has died before the case is filed, the patients family members then have a year from the time of death to file suit against the asbestos manufacturer or employer responsible. Exposure often occurs in multiple states, allowing claimants a choice in deciding where to file their claim. An individual may file a lawsuit in any state in which he or she was exposed to asbestos fibers, and California is often considered one of the best states in which to file an asbestos claim. Approximately 35-40% of all asbestos exposure occurs in California, and the state is sympathetic to persons injured in work-related incidents. California laws are also favorable to people injured by defective products, which includes those related to asbestos. In addition, a claimant who files an asbestos claim in California is entitled to a trial setting as soon as 6 months from the filing date whereas in other states, claimants may wait up to 18 months.

CA Counties