Chapter 41

COL12010610GCA HEALTH ANDSAFETY CH.41TOXI C SUBST ANCES EXPOSURE COMPENSA TION ACT 1CHAPTER 41 TOXIC SUBST ANCES EXPOSURE COMPENSA TION ACT § 41101. Legislative Findings. § 41102. Policy . § 41103. Definitions. § 41104. Liability for Exposure to Toxic Substances. § 41105. Application of this Chapter . § 41106. Severability . § 41107. Title. §41101. Legislative Findings. The Legisla ture finds that: (1) Residents of Guam are being con stantly ex posed to a large number of danger ous chemical sub stances and mixtures; (2) Among the many chemical substances and mixtures which are being develope d and produced, there are some whose manufacture, processing, distri bution in commerce, use, or disposal may present an unreasonable risk or injury to human health or the environment; (3) Individuals have a well -grounded fear of injury or illness arising from exposure to such dangerous chemical substances and mixtures; (4) Because of the toxicity of certain chemical substanc esand mixtures, no defi nite testing of the effects of these chemical substances and mixtures on humans is available; (5) Tests cond ucted on animals indicate that certain chemical substances and mixtures are very

, no defi nite testing of the effects of these chemical substances and mixtures on humans is available; (5) Tests cond ucted on animals indicate that certain chemical substances and mixtures are very harmful to animals and may cause harm to humans; (6) The effective protection of the physi cal and mental health of Guam's residents and their ability to enjoy life requires t hat those exposed to certain chemi cal substances and mixtures be compensated by those responsible for the manufacture and distribution of those substances; and (7) For a variety of reasons, including lack or ambiguity of data, the long lead time between e xposure and illness, and the pres ence of disease from other causes, case law in other jurisdictions has created an unac - ceptable burden on persons exposed to toxic substances to prove causation and the likeli hood of harm.COL12010610GCA HEALTH ANDSAFETY CH.41TOXI C SUBST ANCES EXPOSURE COMPENSA TION ACT 2SOURCE: Added by P .L. 20 -182:1. § 41102. Policy . It is declared to be the policy of Guam that: (a) The statutory and common law of Guam shall facilitate the compensation of those exposed to certain chemical substances and mixtures; (b) Persons exposed to

declared to be the policy of Guam that: (a) The statutory and common law of Guam shall facilitate the compensation of those exposed to certain chemical substances and mixtures; (b) Persons exposed to toxic substances shall be entit led to compensation for all damages arising from exposure to such substances. SOURCE: Added b y P.L. 20-182:1 . § 41103. Definitions. As used in this Chap ter, the following terms are defined to mean: (1) Toxic substances shall mean polychlorinated biphenol s, dioxins, furans or halogenated chlorofluoro alkanes. (2) Exposure shall mean any contact from any source with skin, eyes, ears, hair or other part of the human body , including but not limited to contact through ingestion or breathing. (3) Federally perm itted levels of exposure shall mean the maximum levels of exposure of humans as deter mined by federally regulatory agencies, including but not limited to the Environmental Protec tion Agen cy, the Occupa tional Safety and Health Administration, and the Nat ional Institute for Occupational Safety and Health. In the case of conflicting maxi mum permissi ble exposure levels, the lowest maximum permissible exposure level shall apply .

stration, and the Nat ional Institute for Occupational Safety and Health. In the case of conflicting maxi mum permissi ble exposure levels, the lowest maximum permissible exposure level shall apply . For exposure in the work place, the eight -hour work place exposure level shall beconsidered the 'federally permitted level of exposure'. If no eight -hour work place exposure level exists, the lowest applicable maximum permissible exposure level shall apply . (4) Persons shall mean and include indi viduals, governmental entities, including but not limited to the United States or the gov ernment of Guam, whichever the case may be, and corporations, partnerships and other business entities. SOURCE: Added by P .L. 20 -182:1.COL12010610GCA HEALTH ANDSAFETY CH.41TOXI C SUBST ANCES EXPOSURE COMPENSA TION ACT 3§ 41104. Liability for Exposure to T oxic Sub stances. (1) Any person who has been exposed to toxic substances at a level above federally permitted levels of exposure shall be entitled to bring an action for damage against: (a) The manufacturer of the toxic sub stances or any person who incorporates a toxic substance in the manufacture of a product.

ls of exposure shall be entitled to bring an action for damage against: (a) The manufacturer of the toxic sub stances or any person who incorporates a toxic substance in the manufacture of a product. Such persons shall be strictly liable for all damages resulting from human expo sure to toxic substances at levels above federally permitted levels of exposure. (b) Any other person who is responsible for the claimant's exposure to the toxic substances. Such other persons shall be liable for damages under this Chapter if their negligence results in the claimant's exposure to toxic substances. (i) Persons responsible for exposure shall include any person who controls the toxi c substance after its manufacture or who controls any product which contains a toxic substance; provid ed, that such person is negligent in the use, stor age, disposal, cleanup or other control of the toxic substance. V iolations of federal cleanup regula tions shall constitute negli gence per se for the purposes of this Chapter. (2) Recoverable damages shall include injury , increased risk of illness or injury , lost income, medical expenses, pain and suffering, emotional distress (attributed to the expo sure),

this Chapter. (2) Recoverable damages shall include injury , increased risk of illness or injury , lost income, medical expenses, pain and suffering, emotional distress (attributed to the expo sure), loss of ability to enjoy life, loss of consor tium, loss of ability to procreate, medical expenses for treatment or monitoring, and any other direct or indirect effects of exposure. (3) Punitive damages shall be recoverable under this Chapter against any person who conceals the harmful effects of toxic substance or against any person who acts with reckless indifference to human health in the manufac ture, use, storage or cleanup of toxic substances. (4) Persons who recover damages under this Chapter shall receive interest on all amounts recovered, from the date of injury until the date paid, at the rates set out in 26 U.S.C. '6621(a)(1), plus attorneys' fees, and costs of suit. (5) In proving increased likelihood of injury , the following rules shall apply:COL12010610GCA HEALTH ANDSAFETY CH.41TOXI C SUBST ANCES EXPOSURE COMPENSA TION ACT 4(a) Once a showing of exposure of a toxic sub stance above federally permitted levels has been made, the parties responsible for the exposure shall

CH.41TOXI C SUBST ANCES EXPOSURE COMPENSA TION ACT 4(a) Once a showing of exposure of a toxic sub stance above federally permitted levels has been made, the parties responsible for the exposure shall have the burden of disproving an increased likelihood of disease or injury to the exposed person; (b) All doubts shall be resolved in favor of the exposed person; and (c) Studies indicating harmful effects of exposure on animals shall create a presump tion that exposure of humans will also be harmful and will cause similar results. (6) A cause of actio n for exposure under this Chapter shall accrue at the time of expo sure, regardless of whether physical manifesta tion of injury has occurred. Any action under this Chapter must be brought within four (4) years of the date of the last exposure, or within t wo (2) years of the date of discovery of the harm caused by the exposure, whichever is later . SOURCE: Added by P .L. 20 -182:1. § 41105. Application of this Chapter . This Chapter shall apply to all claims which are not reduced to final judgment as of the ef fective date of this Chapter . SOURCE: Added by P .L. 20 -182:1. § 41106. Severability .

of this Chapter . This Chapter shall apply to all claims which are not reduced to final judgment as of the ef fective date of this Chapter . SOURCE: Added by P .L. 20 -182:1. § 41106. Severability . If any provision of this Chapter, or the application of any provision of this Chapter to any person or circumstances is held invalid, the application of such provision to other circumstances and the remainder of this Chapter shall not be affected thereby .' SOURCE: Added by P .L. 20 -182:1. § 41107. Title. This Chapter may be cited as the Toxic Substance Exposure Compensation Act of 1990 . SOURCE: Added by P .L. 20 -182:1. ----------COL120106