Is
Asbestos Legal?
Congress has approved a variety of incremental legislation plans despite the fact asbestos is still banned. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the an EPA priority list of chemicals to be evaluated for risk and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary between states, but generally property owners are required to ensure their buildings are safe and inform workers of any dangers that could be present.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was previously used in construction as it was fireproof, chemical corrosion-resistant and insulates. Inhaling asbestos fibers they can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should inspect your workplace or home if you suspect it may contain asbestos. A professional can tell you what to do if asbestos is present in your home or workplace and will work with a contractor should it be necessary.
It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proved and instead relies on the fact that the product was inherently hazardous.
An asbestos lawyer can provide information on the various types of negligence and strict liability and can advise on whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees and provide adequate training in safety. This obligation may extend to owners of buildings that are constructed with asbestos when it is determined that the buildings will be used by third party employees.
Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.
Congress considered but failed to pass, legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. The legislation would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in construction materials, and many Americans might have assumed that the mineral was not allowed. However, the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.
In 1989 in 1989, the EPA issued a rule which banned the importation, manufacture and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it for other uses.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA made another significant step towards a ban 2019 when it published the final rule, which strengthens the agency's capacity to stop asbestos-containing products from coming back onto the market.
Trade groups are attempting to stop the EPA from bans on asbestos. These groups argue that a ban would threaten the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to to make their case and are now turning to lawmakers who are connected to asbestos's industry.
Our firm has been fighting this battle for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the dangerous and deadly substance in the United States. This is an important step to ensure that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to determine if you have asbestos
Asbestos is made up of an assortment of minerals that are naturally occurring and are formed into long, fine fibres. These materials are well-known for their flexibility, strength and resistance to chemicals and fire. These qualities made them useful in a variety of industrial products like insulation.
Because asbestos is so versatile, it is used in a wide range of buildings and household products. Examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces and other common building materials.
When asbestos is disturbed it releases harmful fibres into air. Inhaling these fibers can lead to serious lung diseases such as asbestosis or mesothelioma. These illnesses can be long-lasting, and victims might not experience symptoms for up to 20 years after exposure.
Many people worry that they might have asbestos in their homes. Most of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a home remodel that could cause damage to it, you must consult with an asbestos removal specialist to conduct an additional examination.
If asbestos is in good shape, there is no need to remove it. If you are concerned about your health, consult with a physician. They can conduct various tests to determine if there are symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public place that is exposed to
asbestos law, your employer must give you information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to evaluate your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos is a safe material to remove, provided that the proper precautions are followed. Asbestos removal should only be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos-containing materials from their house, they must comply with federal and state regulations on how the work is carried out. This includes properly covering and disposing of all waste from the project. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. This is why strict regulations are in place to stop this from occurring.
If asbestos is in good condition and has not been affected, it will not cause health risks.