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Regulation Of In-Place Asbestos-Containing Material - (1991)

Authors: N. Cohen
Published In: Environmental Research
Link to Study: https://pubmed.ncbi.nlm.nih.gov/1855494/

Managing Asbestos Risks in New York City: A Comprehensive Overview of Legislative Efforts and Legal Implications

Abstract
The study "Regulation of In-Place Asbestos-Containing Material" by Nevin Cohen, published in Environmental Research (1991), examines the legislative measures proposed to address the widespread presence of asbestos in New York City buildings. The research highlights that approximately two-thirds of the city’s 800,000 buildings contain asbestos, much of which is damaged or deteriorating. The proposed legislation (Bill number 453) mandates inspections, management plans, and public notifications to mitigate the risks associated with in-place asbestos. The study underscores the importance of proactive measures to protect building occupants and workers from asbestos exposure.

Legal Relevance
This study provides critical evidence to support asbestos-related legal claims by highlighting the prevalence of asbestos in buildings and the associated health risks. Key points of legal relevance include:

  1. Evidence Pathways: The study’s findings on the widespread presence of asbestos-containing materials (ACM) in New York City buildings can serve as evidence in legal cases, particularly for individuals exposed in residential or occupational settings.
  2. Occupational History Relevance: The study identifies maintenance workers and other professionals as being at high risk of exposure, reinforcing the importance of occupational history in legal claims.
  3. Counterarguments to Defense Claims: The study counters common defense arguments that low ambient asbestos levels pose minimal risks by demonstrating that maintenance activities can disturb ACM, leading to fiber levels exceeding safety standards. This supports the need for stringent regulations and accountability.

Occupation Groups at Risk
The study identifies several occupational groups at heightened risk of asbestos exposure due to their work environments and activities. These include:

  • Maintenance Workers: Frequently disturb asbestos-containing materials during routine repairs, exposing themselves to hazardous fibers.
  • Construction Workers: Often encounter ACM in older buildings during renovations or demolitions.
  • Building Inspectors: Tasked with identifying ACM, inspectors may inadvertently expose themselves to asbestos fibers.
  • Janitorial Staff: Cleaning and maintenance activities in buildings with deteriorating ACM can lead to exposure.
  • Teachers and School Staff: Educational structures were found to have a high prevalence of ACM (83%), putting school employees at risk.
  • Office Workers: Tall office buildings, with 84% containing ACM, pose risks to employees, particularly during maintenance or renovations.

These groups are at risk due to the likelihood of disturbing asbestos fibers in their daily activities, making them key demographics for legal claims related to asbestos exposure.

Current Medical Understanding
The study aligns with current medical knowledge regarding the health risks of asbestos exposure. It reinforces the understanding that even low-level or short-term exposure can lead to severe health conditions, including mesothelioma, lung cancer, and asbestosis. The study also highlights the compounded risks for individuals exposed to asbestos in occupational settings, particularly when ACM is disturbed. While the study is dated, its findings remain relevant, as they emphasize the need for stringent regulations to manage in-place asbestos and protect public health.

Citation
Cohen, N. (1991). Regulation of in-place asbestos-containing material. Environmental Research, 55(1), 97-106. https://doi.org/10.1016/s0013-9351(05)80144-6

National Library of Medicine Link
For additional context and credibility, you can access the study on the National Library of Medicine’s website: Regulation of in-place asbestos-containing material.

Contact Us Today
If you or a loved one has been diagnosed with mesothelioma, lung cancer, stomach cancer, throat cancer, colon cancer, asbestosis, or pleural plaques due to asbestos exposure, our legal team is here to help. We specialize in securing compensation for individuals affected by asbestos-related diseases. Contact us today for a free consultation and let us fight for the justice and compensation you deserve.