By Heba Elsherif  |  February 7, 2018

Category: Consumer News

Danger Asbestos Removal Sign posted on school window.Health Canada and Environment and Climate Change Canada, two Canadian government agencies, are sponsoring asbestos regulations that will prohibit the import of asbestos and other asbestos-containing products.

The proposed prohibition of asbestos and asbestos products regulations will add to the existing Export of Substances on the Export Control List Regulations (ESECLR). The new regulations will restrict all forms of asbestos being brought into the country, adding to the government’s promise to enact a comprehensive asbestos ban by 2018.

The asbestos regulations proposals hope to protect Canadian workers from the hazards and risks of asbestos exposure. In 2011, it is estimated that 1,900 cases of lung cancer and 430 mesothelioma cases occurred due to asbestos exposure. Estimates from a regulatory impact analysis suggest that the new regulations would decrease asbestos imports by 94 percent in the automotive and construction industries and would stop more than 4,700 total tons of asbestos imports between 2019 and 2035.

While many areas have seen a steady decline in asbestos product use over the last 30 years, workers were heavily exposed to asbestos between the 1970s and 1990s causing many workers to suffer severe injuries and adverse side effects. The proposed asbestos regulations hope to completely remove all asbestos products from the Canadian market.

According to the Environment and Climate Change Minister, “By launching these new, tougher rules to stop the manufacture, import, use, and sale of asbestos, we are following through on our promises to protect all Canadians from exposure to this toxic substance.”

Despite approval and acclaim for the new asbestos regulations proposal, anti-asbestos advocates argue that it does not satisfactorily protect Canadian workers. They argue that the new asbestos regulations proposal does not protect workers from activities such as mining where asbestos is often located. It also does not cover protections from buildings and vehicles that may have asbestos already installed prior to the regulations.

According to the analytical statement, “As a result of decades of use, many products and installations, including buildings and homes, still contain asbestos. For the most part, health risks are low if the products containing asbestos, such as insulation, are left in place. … Requiring all asbestos to be removed from sources such as buildings and homes would be extremely costly and may actually lead to more harm to human health. Therefore, this option was rejected.”

Workers most at risk for asbestos exposure include mechanics, firefighters, and construction workers. Estimates suggest that 96 percent of Canadian workers in trade and construction industries are likely to be exposed to asbestos. Additionally, roughly 4,300 mechanics and maintenance workers are also at risk for asbestos exposure.

The new asbestos regulations proposal would also not apply to:

  • Asbestos-containing products sold to be set on museum displays.
  • Products used for pest control regulated under the Pest Control Products Act
  • The chloralkali industry that uses asbestos diaphragms as part of its chlorine manufacturing product.
  • Scientific research using asbestos material
  • The use of asbestos mining residues for landscaping, construction, and to produce asbestos-containing products.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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