Environmental and Occupational Safety Regulations

There are other laws pertinent to asbestos as well. In Arizona, the Department of Public Health has been given a mandate to develop and implement procedures to make asbestosis and mesothelioma diseases reportable to the department. Once those procedures are in place, the state will be able to track and monitor cases of the most common asbestos-related diseases, which will be invaluable for research and legal purposes.

Under current Arizona law, employers are obligated to provide a workplace that is free from recognized hazards. In addition, each employer is required to comply with occupational health and safety standards and regulations. OSHA (the Occupational Safety and Health Administration) has very specific requirements when asbestos is concerned. Those regulations include requirements for employee training regarding asbestos, definition of who may and may not handle asbestos, a requirement of safety equipment and procedures, and the amount of asbestos exposure that is permissible in an eight hour shift. If an employer or work site is in violation of any of those regulations or standards, the law provides heavy penalties and may support a lawsuit to compensate employees for the danger to which they've been exposed.

In 2006, a Phoenix business owner hired workers to demolish buildings at an industrial complex that he owned. Unfortunately, Jeffrey Springer failed to provide his workers with training or required safety equipment. He pled guilty to failing to comply with accepted work practices and standards regarding asbestos removal, packaging, transporting, and disposal. He was sentenced to three years probation. He was also required to pay $2,000 in fines and $75,000 in victim restitution to the workers.

In June, 2007, the U.S. Department of Justice brought suit against the city of Winslow, Arizona, a former city administrator, and the former owner of nine apartment buildings in the city. They were charged with violating the federal Clean Air Act by removing asbestos improperly while demolishing nine apartment buildings. The improper removal of asbestos from those buildings exposed both workers and nearby residents to elevated levels of asbestos. The defendants face up to $27,600 a day in fines for each of five separate violations.

These actions pale in comparison to the record of the Arizona Department of Transportation, which has been cited four times since 2003 for numerous violations of the Clean Air Act regarding asbestos. The department has paid over $150,000 in fines. In addition, they have been required to implement a compliance program and pay for training seminars for their employees with regards to handling asbestos containing materials.

Employees who work for the public sector have a right to work in a safe environment, and to be provided with appropriate training for their job. If their employers fail to provide appropriate safety equipment and training, or knowingly place them at risk of exposure to asbestos, they may be entitled to a legal remedy. An Arizona mesothelioma lawyer can offer advice on legal avenues that may be available to residents or employees who were negligently exposed to asbestos by unscrupulous contractors.

Determination of Liability

Arizona law determines liability using pure comparative negligence. Under a comparative negligence system, a judge or jury assigns a percentage of the fault for negligence to each responsible party, and any award is apportioned according to that assignment. Under a comparative negligence system, an injured party may recover damages even if they share part of the blame for their condition. In an asbestos case, for instance, the jury may decide that the plaintiff is 20 percent responsible for their condition because they did not use safety equipment appropriately. In that case, the plaintiff would receive 80 percent of any damages decided upon by the jury.

When there are multiple defendants, as there often are in asbestos-related cases, Arizona courts follow a several liability approach in entering judgment. Under several liability, the court determines what share of the fault lies with each defendant, and assigns a financial liability against each defendant based on that proportionate judgment.

Asbestos-Related Litigation in Arizona

The most publicized Arizona asbestos defendant is the Tucson-based copper producer, Asarco, now owned by Grupo Mexico. The company filed for bankruptcy protection in 2005 under the weight of over 95,000 mesothelioma and asbestos-related lawsuits. Many of those suits were settled before they came to court and before the company declared bankruptcy. Many of those that remained were forced to re-file their asbestos-related cases with proof of their claim. Asarco is currently in the process of negotiating the pending asbestos claims against the company in preparation for emerging from bankruptcy.

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