Criminal Sanctions For Asbestos Violations

In the 1970s, the Environmental Protection Agency, or EPA, determined, following years of evidence pointing in that direction, that asbestos was harmful to the environment because it was very harmful to people. When this happened, the EPA also passed regulations pertaining to acceptable means of monitoring vermiculite mines for asbestos contamination and a variety of other rules. In addition to the EPA's rules, there are rules from other agencies of the federal and state governments that impose regulations on companies.

When a company violates the rules of the EPA, OSHA, or another organization, that company is likely to be fined damages and is then expected to clean up its act, literally. These fines, depending on the violation, can be quite hefty. The problems that the EPA or other group has with the company could require extremely costly changes to be made to the company.

While these fines are seen as sufficient punishment sometimes, there are other times when the EPA and OSHA are unable to determine exactly how much money the company owes the government and the area it polluted for the costs of cleanup and other dangers. In situations like this, the EPA or OSHA might ask the justice department to file charges against the company that grossly violated the rules of the regulatory agency. Some agencies are equipped with their own team of lawyers that can do the filing on their own. It usually varies based on the agency and the size of the problem.

Asbestos violations are a sort of violation that can result in criminal sanctions. This stuff is so deadly and harmful and difficult to get rid of that there have been instances where agencies have filed criminal sanctions against a company to punish it for polluting and endangering the lives of many. One such example is the lawsuit that is currently pending against the company that operated a vermiculite mine in Libby, Montana. The company, according to the allegations, knew about the asbestos in the mine and apparently did nothing to help its employees stay protected from the harms.

As a result of the pollution of the city, more than 2,600 people have visited a clinic in the town devoted to asbestos-related diseases. The town's current population is only about 2,600 as it is. 

If a company has criminal sanctions imposed, the company, like any defendant, will likely ask for a plea bargain of some sort. This will allow the company to have some say in its fines and punishment rather than leaving things to the whim and caprice of a jury and judge.

Williams Kherkher is a Houston-based law firm that focuses on securing compensation for the victims of mesothelioma and asbestos.

Joseph Devine

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