Donald Trump made change – dramatic, sweeping change – a central theme of his campaign, calling for the repeal of Obamacare, deregulation and tax reform. Now, it’s time for President Trump to make due on that promise.
Many Americans have cause for alarm, and that’s especially true for asbestos cancer victims. Here’s why: Trump and the Republican supermajority are making deregulation and business-friendly legislation a key policy of their platform.
For one, Republicans have long pushed for strict tort reform measures, or measures designed to slow the legal process for victims of negligent businesses. These measures place the legal burden on victims, making it more difficult to have their cases heard.
What’s more, President Trump has publically called asbestos – a proven carcinogen – 100 percent safe once installed and has called specific asbestos laws “stupid” in the past. Finally, the president’s pick for EPA administrator, Scott Pruitt, has a record of deregulation that may spell disaster for recent EPA actions to re-evaluate and possibly ban asbestos.
Will The Republican Majority Pass Tort Reform?
For decades, Republicans have been working on tort reform measures designed to make it more challenging for victims to sue negligent businesses. Just last year, for instance, House Republicans passed The Fairness in Class Action and Furthering Asbestos Transparency Act of 2016 (FACT).
The measure received zero support from House Democrats, and it’s clear why. FACT requires asbestos victims to disclose personal financial information, their addresses and other private information when filing – making it all part of the public record. Many criticized the legislation for what they saw as a clear invasion of privacy.
FACT also creates new hurdles for getting class action lawsuits certified, greatly slowing the process for victims seeking to recover compensation for medical bills and lost wages. Currently, 17 veterans groups are opposing the bill, calling it the asbestos industry’s “cynical ploy” to protect themselves from compensating victims. Teachers and first responders have similarly spoken out about FACT.
This is just one example. Additional bills including the Lawsuit Reduction Act of 2015 and the Fraudulent Joinder Prevention Act are also designed to place greater legal burdens on victims seeking compensation. With a Republican supermajority, these bills are much more likely to gain traction.
Trump’s Past Praise of Asbestos, Disregard for Victims
For several decades, the link between asbestos and cancer has been known and widely researched. The evidence is so compelling, in fact, that the OSHA says that there is no safe level of asbestos exposure.
The scientific evidence has been lost on President Trump. In the past, he’s praised its use as a building material. On Twitter, he wrote in 2012: “If we didn’t remove incredibly powerful fire retardant asbestos & replace it with junk that doesn’t work, the World Trade Center would never have burned down.”
Yet, more than 400 tons of asbestos were used in the construction of the World Trade Center, before it was banned. When the towers collapsed, toxic asbestos clouds were released. Thousands of 9/11 first responders and clean-up workers now suffer from asbestos-related diseases due to their exposure at Ground Zero, and the death toll is expected to rise in the coming decades.
Surprisingly, that’s not the most outrageous asbestos theory President Trump has proposed. In his book The Art of the Deal, he wrote that the ban on asbestos was a conspiracy by the mob, which controlled the asbestos clean-up industry. This theory completely undermines the scientific evidence that has lead bans in the first place.
We’ve come to learn that President Trump “speaks his mind,” and that’s true of these comments regarding asbestos. But his actions toward asbestos victims are equally concerning.
In the 1980s, Polish immigrants were hired to help construct Trump Tower in Manhattan. The workers were not provided with proper safety equipment to protect them against the thick clouds of asbestos dust that were present on the work site, according to a report in The New York Times. Many of these workers became sick due to exposure. Trump prolonged litigation with the workers, before ultimately settling in 1999 – nearly 20 years later.
Trump EPA Pick Could Prevent Asbestos Ban
In recent years, the EPA has made progress in completely banning asbestos. In fact, under the Lautenberg Act, the agency was required to evaluate high-risk chemicals and determine if a chemical presents “an unreasonable risk of injury to health or the environment.”
Asbestos is at the top of the list. Under the law, if a chemical is deemed unsafe, the agency has two years to mitigate the risk or ban the substance completely. Progress on the evaluation process is likely to stall under Trump’s pick for EPA administrator, Scott Pruitt.
As Oklahoma Attorney General, Pruitt sued the EPA a shocking 13 times, and Pruitt has close ties to the energy industry and a track record of deregulation. Now, many asbestos industry watchdogs are concerned Pruitt will undermine the agency’s work to evaluate asbestos by passing mild regulations, eliminating staff or defunding the process.
It’s clear President Trump and the Republican majority have a pro-business stance on asbestos issues. On the tort reform front, new legislation could protect negligent businesses, enabling them to avoid compensating victims who were exposed due to unsafe working conditions. Deregulation, on the other hand, could stall or derail progress made in getting asbestos off the market. Ultimately, asbestos victims, veterans and first responders are the losers if such measures come to pass.
Share This Article
