Asbestos Laws in California
California is the site of several shipyards, marine repair facilities, power plants,
mining operations and oil refineries where workers may have been exposed to asbestos. California is also home to
some of the nation's largest asbestos deposits. Asbestos exposure can cause severe
health problems, including mesothelioma cancer, a disease for which there is no
cure.
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Over the past decade, California lawmakers responded to these occupational and
environmental asbestos risks with a number of laws, regulations, safety standards and
programs aimed at reducing exposure. Included in the regulations were new certification
requirements for contractors and consultants who handle and remove asbestos in the
state.
California was not alone in proposing and adding asbestos regulations in recent
years, although some states like Texas, Ohio and Georgia, added a layer of laws to
combat a climbing number of asbestos related claims.
Asbestos Regulations in California
As the national awareness about asbestos and its hazards grew and lawmakers enacted
tougher regulations of the mineral, California concentrated its efforts on limited
exposure. For instance, one asbestos-related regulation, Title 8, mandated employers take
specific steps to ensure proper air quality and that they document all levels of
potential exposure.
California school districts and institutions of higher learning also adopted new codes. State colleges and universities, acting independently, pushed through their own standards of abatement and exposure under state law. The University of California Santa Cruz in 2001 agreed to keep asbestos related records - exposure records, respiratory fit testing records, abatement records - for 30 years. It also set forth training for abatement and set certification standards.
California school districts and institutions of higher learning also adopted new codes. State colleges and universities, acting independently, pushed through their own standards of abatement and exposure under state law. The University of California Santa Cruz in 2001 agreed to keep asbestos related records - exposure records, respiratory fit testing records, abatement records - for 30 years. It also set forth training for abatement and set certification standards.
Asbestos Lawsuits
In addition to implementing asbestos safety measures, California has long been one
of the leading jurisdictions for asbestos lawsuit filings. Early asbestos lawsuits were
generally filed in areas, including California, where significant numbers of workers
had been exposed to asbestos. In the 1970s and 1980s, California was one of four states
that accounted for more than 60 percent of state asbestos case filings. By 2000, the
majority of asbestos filings occurred in a handful of other states, such as Texas.
Not all of these new case filings resulted in verdicts (e.g., they were dismissed or settled). However, from 1993 through 2001, California was among five states that accounted for 65 percent of asbestos trials that ended in verdicts.
Since 2000, some states with a significant amount of asbestos lawsuits began
enacting laws to limit new filings. California has not enacted similar laws. Meanwhile,
some of the state's courts have reportedly experienced increases in the number of
asbestos case filings by both in-state and out-of-state claimants each year.
Although California has not enacted some of the reform laws that have been popular in other states, its courts have taken other measures to manage large asbestos caseloads and expedite claims by extremely ill patients. For instance, a "fast-track" scheduling approach allows cases of terminally ill patients to go to trial in 120 days. In addition, at least some judges actively encourage the parties to resolve cases quickly through trial or settlement.
Not all of these new case filings resulted in verdicts (e.g., they were dismissed or settled). However, from 1993 through 2001, California was among five states that accounted for 65 percent of asbestos trials that ended in verdicts.
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Although California has not enacted some of the reform laws that have been popular in other states, its courts have taken other measures to manage large asbestos caseloads and expedite claims by extremely ill patients. For instance, a "fast-track" scheduling approach allows cases of terminally ill patients to go to trial in 120 days. In addition, at least some judges actively encourage the parties to resolve cases quickly through trial or settlement.
Filing an Asbestos Claim in California
If you are suffering from an asbestos-related illness, it is best to speak with a
qualified mesothelioma
attorney as soon as possible. An attorney can help you file a claim for
compensation for your injuries in California or another state, as appropriate. Keep in
mind that California and other states limit the amount of time you have to file your
case. Because the life expectancy of many
mesothelioma sufferers is so short, time is important.
Additional Resources
Author
Tim Povtak
Tim Povtak is an award-winning writer
with more than 30 years of reporting national and international news.
His most recent experience is in researching and writing about asbestos
litigation issues and asbestos-related conditions like mesothelioma. If
you have a story idea for Tim, please email him at tpovtak@asbestos.com