Millions of people were exposed to dangerous levels of asbestos as employees of the nation’s industries where the fibrous material was manufactured and used. Workers in mining, steel, plumbing, electrical, milling and insulation industries are just some of the workers exposed to high levels and high concentrations of asbestos. Other workers in drywall and demolition industries as well as firefighters and many others experienced workplace exposure.

People who have been exposed to asbestos in the workplace are thought to be of highest risk to mesothelioma and other diseases. Asbestos exposure has been identified as the cause for many serious illnesses to include mesothelioma, lung cancer, lung diseases and respiratory complications. Workplace exposure is characteristic of employees who handle asbestos-based material or employees who are exposed to significant levels of asbestos on a regular basis. The risk of illness tends to increase with the duration and intensity of exposure even though some cases of mesothelioma cannot be linked to such exposure.

The government and industry has recognized the risk of exposure and have implemented laws and regulations to limit such exposure in the workplace and in homes. The US Occupational and Safety Health Administration (OSHA) is the federal agency responsible to protect workers and enforce laws regarding workplace exposure. Current laws establish acceptable workplace levels of exposure at 0.1 fibers per cubic centimeter for an eight-hour workday and one fiber per cubic centimeter in any thirty-minute time frame. Laws also require employers to provide employees who at risk of exposure with protective clothing, respiratory equipment, facilities sufficient to wash away asbestos fibers before leaving the workplace, routine health exams, and training for safely working with asbestos.

Workers who have developed serious illness or disease as a result of workplace exposure have a legal right to engage a lawsuit that seeks compensation for losses and suffering. Mesothelioma has a long latency period and it may take 20 to 30 years before workers begin to show symptoms and be diagnosed with the disease. Most legal suits are filed after a diagnosis, but some workers have also been successful in seeking compensation in anticipation of the development of illness. Family members have been successful in filing suit on behalf of workers who were killed as a result of asbestos exposure. An asbestos bill known as the Fairness in Asbestos Injury Resolution Act of 2006 (FAIR Act) has been introduced to Congress to reform the current asbestos litigation system, but it has not been passed. The bill has faced controversy and caused much debate. The current system allows injured workers to seek compensation for their losses and suffering. The new bill proposes to eliminate individual lawsuits and allow injured workers to be compensated from monies established by a $140 billion dollar trust fund. The trust fund is to be funded by insurance companies and defendants in asbestos lawsuits. Proponents of the FAIR Act argue that the establishment of such a trust fund would ensure prompt recovery for injured workers. Opponents of the bill argue that the bill has the potential to deny workers the full compensation that they are currently entitled to receive. Opponents argue that claimants would be required to meet more stringent medical criteria in order to receive compensation and many companies would avoid their share of liability since the trust would require a contribution of millions of dollars whereas a lawsuit would cause the same company to pay billions of dollars in compensation.

The bill has many amendments in an attempt to address the many issues that it poses. In general, the last bill introduced to Congress proposed the following:

• To establish an Office of Asbestos Disease Compensation within the Department of Labor to be headed by an Administrator who is responsible for processing claims for asbestos-related illnesses and paying compensation to eligible claimants.
• Stays any asbestos claim pending in a state or federal court on the date of enactment, unless the presentation of evidence has begun before a jury or judge, or a verdict, final order, or a trial court has entered final judgment.
• Establishes procedures for the filing of claims, including those for multiple injuries and additional awards;
• Establishes allowable award amounts for asbestos disease, based upon the level of such disease and whether a claimant smokes or has smoked tobacco products.
• Establishes a Asbestos Insurers Commission to determine the amount each insurer participant is required to pay into the Asbestos Injury Claims Resolution Fund
• Establishes that asbestos-related injury claims be paid from the Asbestos Injury Claims Resolution Fund
• Directs the Administrator to establish programs for individuals exposed to asbestos as well as for individuals at risk for developing asbestos-related medical conditions.
• Establishes the National Mesothelioma Research and Treatment Program for the detection, prevention, treatment and cure of malignant mesothelioma.
• Vests in the United States Court of Appeals for the District of Columbia exclusive jurisdiction to review, under expedited consideration, any rules or regulations promulgated under this Act by the Administrator or the Commission.
• Amends the federal criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims.
• Amends the Occupational Safety and Health Act of 1970 to establish criminal penalties for willful violations of occupational standards for exposure to asbestos.
• Amends the Toxic Substances Control Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate proposed and final regulations to prohibit the manufacture, processing or distribution in commerce of asbestos containing products.
• Requires disposal of asbestos containing products within three years after the enactment of this Act, with certain exemptions.