Written by: Paul Zygielbaum
The focus of efforts to ban asbestos in America is moving from the US Senate to the House of Representatives, as a House committee prepares to hold hearings on a bill that is a companion to the one recently passed by the Senate. Hearings are expected to begin sometime within the next several weeks.
Last October, the US Senate approved a version of the "Ban Asbestos in America Act of 2007" that had been substantially modified from the version that many advocacy groups, including ADAO, had supported. The modifications had been accepted by Senate advocates in an effort to avoid blockage of the bill by opponents, who appeared to have enough votes lined up to prevent the 60-vote super-majority needed to stop a threatened filibuster.
Passage of the bill by unanimous vote of the Senate was initially hailed by many advocacy groups that were later stunned to learn that the bill had been modified from the version they'd seen before the vote. Senate staffers cited misunderstandings and missed communication links for the surprise.
Rather than banning all products containing asbestos, whether as an ingredient or as a contaminant, the revised Senate bill would ban only "asbestos containing materials," which have a legal definition that generally allows asbestos content up to 1% by weight. The revised bill also calls for studies of the state of scientific knowledge about the hazards of asbestos, a provision sought by industry sources. The bill omits provisions in the earlier draft that would have mandated government testing of products for asbestos content.
The House version, HR 3285, is based on the earlier version of the bill first introduced into the Senate by Sen. Patty Murray (D-WA). ADAO had advised Senate staffers as to ways in which the ban could be made more effective through changes in the bill's language, resulting in substantial changes to the original draft, but these changes were eliminated as part of the Senate compromise. ADAO intends to offer similar advice to the House as it considers its version of the bill.
If the House passes its version of the bill with differences from the Senate version, the matter will be referred to legislative committee to achieve a compromise bill for presentation to the President. However, there is concern that such a bill would have to satisfy opponents of the ban sufficiently to have a chance of being passed by the committee. Such a bill would also have to avoid a Presidential veto.
The 1% limit defined in the Senate bill is viewed by some as a stop-gap, with the hope that a future Congress could muster the support needed for a complete ban. Others believe that, if the Senate bill becomes law, it's unlikely to be revisited in the foreseeable future. Still others point out that the 1% limit would institutionalize asbestos content and contamination in products on American storeshelves. As one person put it, "A 1% limit could mean that it would be permissible to have asbestos in my cornflakes."
ADAO and other advocacy groups recognize the obstacles in the path of gaining an effective ban on asbestos in America. No one doubts that, in an election year and in the face of heavy lobbying by industry opponents, the ban faces an uphill battle. Efforts to increase awareness, including ADAO's own product testing program, will be critical to success.
The ADAO is a registered 501(c)(3) nonprofit volunteer organization.
The Asbestos Disease Awareness Organization
1525 Aviation Boulevard, Suite 318 • Redondo Beach • California • 90278 • 310.437.3886
www.AsbestosDiseaseAwareness.Org
Info@AsbestosDiseaseAwareness.Org
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