What You Need To Know About the READ Act

 

Two bills have recently been introduced that could impact asbestos litigation. One of those is the Reducing Exposure to Asbestos Database (READ) Act of 2015, introduced in the United States Senate by Sen. Richard Durbin (D-Ill) and Rep. Suzan DelBene (D-Wa).

The READ Act is legislation that works towards increasing public awareness of, and decreasing public expose to, asbestos products by making the public aware of where asbestos products are in the community. Due to the current position of the United States to allow asbestos products to be sold unrestricted, the proponents of the READ Act have written the bill to:

  • Design and maintain a publically available and searchable database of asbestos-containing products on the EPA’s website;
  • Require reporting by every company who manufactured, processed, distributed, sold, imported, transported, or stored an asbestos product to the EPA every year;
  • Compel companies to disclose if any of their products containing asbestos were in publicly accessible locations during the previous year; and
  • Assess penalties to any company or party who knowingly deals with asbestos products and fails to report their use or who provides false information on the use of asbestos.

Opponents of this bill, including Darren McKinney of the American Tort Reform Association, have stated that the READ Act is redundant to the Asbestos Information Act signed by Ronald Reagan in 1988, which requires one-time reporting of asbestos containing materials and products. Opponents also point out that though the selling of asbestos is still legal in the United States, it is heavily regulated by the EPA and OSHA and that any additional legislation is unnecessary.

To remain up to date on the status of the READ Act visit:

https://www.congress.gov/bill/114th-congress/senate-bill/700/actions

http://www.durbin.senate.gov/newsroom/press-releases/durbin-introduces-bill-to-help-american-workers-families-avoid-asbestos-exposure