Is
Asbestos Legal?
Although asbestos is still banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals for review and risk assessment.
In addition to mining companies, property owners can be held accountable for asbestos-related injuries. Laws vary state-to-state however, generally property owners are required to keep their structures safe and inform employees of potential dangers.
The Law
Asbestos can be described as a variety of naturally occurring minerals. It was once used in construction because it was fire-resistant, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to appear after exposure. Even today, asbestos is present in over 3,000 different products. A qualified inspector should check your home or work place in the event that you suspect it could contain asbestos. A professional can help determine what should be done when asbestos is found in your home and will collaborate with an abatement company should it be necessary.
It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can explain the various kinds of negligence and strict liability and advise you on whether this theory is applicable to your particular situation. Employers are also required to offer safe working conditions for their employees as well as adequate training in safety. This requirement can be extended to owners of buildings who employ asbestos when they are aware that employees from other companies will be using those buildings.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system has been criticized due to its lack of transparency as well as the fact that it does not cover workers' future compensation.
In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would create an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Many Americans may have believed that asbestos was banned due to the fact that it is no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. This is a problem that our lawyers and the world's anti-asbestos movement continue to fight every day.
The first step towards the ban was in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other uses.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took a further step towards a complete ban in 2019, when it announced a final rule that bolsters the agency's ability to stop asbestos-containing items from returning to the market.
Trade groups continue to stop the EPA's plan to prohibit asbestos. They argue that a ban could threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and
Asbestos Legal experts to assist them in making their case. They're also looking to legislators with ties to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the dangerous and deadly substance in the United States. This is a significant step towards ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.
How to Tell if You Have Asbestos
Asbestos is made up of minerals that are naturally occurring and are arranged into long, thin fibers. They are known for their toughness, flexibility and resistance to chemical and fire. These properties made them useful in a number of industrial products, such as insulation.
Asbestos is utilized in a variety of household and building products. Examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.
When asbestos is disturbed, it releases harmful fibres into air. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These illnesses can be extremely latency-prone, and victims may not show symptoms for 20 to 50 years following exposure.
Many people are concerned that they might have asbestos in their home. Asbestos in good shape is unlikely to release fibers until it is disturbed. Homeowners should examine the material for tears,
Asbestos Legal abrasions or water damage. If the material is damaged or you are planning to remodel your home that could cause damage to it, you must consult an asbestos abatement expert to conduct a further inspection.
If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, you should consult a physician. They can recommend a range of tests to see whether you are suffering from symptoms associated with
asbestos case exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility, your employer must provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental inspection company to assess your home. They can conduct a test on your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos is safe to remove provided the proper precautions are taken. Asbestos removal should be done by experts who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos materials from their home, they must abide by state and federal regulations regarding how to complete the task. This includes covering up all waste generated by the project and disposing it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is why strict regulations are in place to prevent this from happening.
Asbestos in good condition that is not disturbed could be safe for health.