Is
Asbestos Legal?
Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.
Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, in general, property owners must ensure that their buildings safe and notify workers of the potential hazards.
The Law
Asbestos is one of the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 items. If you suspect your workplace or house may contain asbestos, a licensed inspector should examine the area. A professional can tell you what you should do should asbestos be found within your home or workplace and can work with a contractor in the event of need.
You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, the victims may be able to seek damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead rely on the fact that a product was a risk in itself.
An asbestos lawyer can explain the various types of negligence and strict liability and can advise on whether this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate education in safety. This obligation could be extended to building owners who use asbestos when they are aware that third-party employees will use those structures.
Many asbestos producers avoided liability through bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" that pay injured victims pennies for their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not pay future workers' compensation.
Congress was able to consider but failed to pass legislation that would have established a $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have taken money reserved by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned In The U.S.
Asbestos isn't as widespread in building materials, and many Americans might have believed the mineral was banned. However it is true that the United States is one of the few industrialized nations that doesn't ban asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. This is a matter that our lawyers and the world's anti-asbestos movement continue to tackle every single day.
The first step towards prohibition came in 1989 when the EPA issued a rule banning the importation, manufacturing and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and purchase it from mining operations.
In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. The EPA took another major step towards a ban 2019 when it published the final rule, which strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.
Trade groups are trying to block the EPA's effort to prohibit asbestos. They argue that the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are alternatives in place of asbestos. They have hired consultants and experts to assist them in making their case. They are also turning to lawmakers with ties to asbestos.
This is a fight that our company has been involved in for over 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly substance in the United States. This is a crucial step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to Determine if You Have Asbestos
Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. They are known for being flexible, strong and resistant to chemicals and fire. These properties made them useful in a variety of industrial products, like insulation.
Asbestos is used in a variety of household and building items. Examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as asbestosis or mesothelioma. These diseases can be extremely latency-prone, and victims may not notice symptoms for a period of 20 to 50 years following exposure.
Many people worry that they have
asbestos settlement in their homes. In most cases, asbestos in good condition will not release fibers unless disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a renovation which could impact it, you must consult with an asbestos specialist for a more thorough inspection.
If asbestos is in good shape there is no need to remove it. Consult your physician if you are worried about your health. They can order a variety of tests to determine if you have symptoms relating to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building that is exposed to asbestos, your employer should give you information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to evaluate your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
Asbestos can be safely removed provided that the appropriate precautions are followed. Because of this, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos-containing materials from their house, they must comply with federal and state laws regarding the manner in which they do it. This involves properly covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related ailments, including lung cancer and mesothelioma. To stop this from happening strict guidelines have been put in place.
Asbestos that is in good shape and won't be disturbed might not pose any health risks.