Is Asbestos Legal?
Congress has passed several incremental legislations, despite the fact that asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. Laws vary state-to-state but generally, property owners must keep their buildings safe and notify workers of potential dangers.
The Law
Asbestos is a range of naturally occurring minerals. It was previously used in construction as it was fire-resistant, chemical corrosion resistant, and insulating. Inhaling asbestos fibers, however it can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is present in over 3,000 different products. If you think your workplace or home might contain asbestos, an experienced inspector should check the area. A professional can assist you in determining what should be done should asbestos be found in your home and will work with an abatement contractor should it be necessary.
It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims may claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead rely on the fact that a product was inherently hazardous.
An
asbestos lawyer can provide information on the various kinds of strict liability and negligence and can advise on whether this theory is applicable to your particular situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate training in safety. This requirement can be extended to property owners who employ asbestos if they are aware that third-party employees will use those buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system is often criticized for the lack of transparency, as well because it doesn't cover future compensation.
Congress looked at but did not adopt legislation that would have created an investment fund of $140 billion for asbestos instead of pursuing litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned In The U.S.
Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have assumed that the mineral was not allowed. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos activists continue to work every day on this issue.
The first step toward a ban came in 1989, when the EPA issued a regulation prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor
asbestos lawyer of the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the material and purchase it from mining operations.
In 2016 Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA made another significant step towards a ban in 2019 when it issued the final rule, which strengthens the agency's capability to prevent asbestos-containing items from returning to the market.
Trade groups are trying to block the EPA from banning asbestos. They claim that the asbestos ban would affect the supply of chlorine in the country and claim that there are alternatives to asbestos. They have hired experts and consultants to make their case and are now turning to legislators who have ties to asbestos companies.
This is a battle 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 participate until the EPA eliminates the deadly and harmful substance in the United States. This is a huge step towards ensuring that no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to tell if you have Asbestos
Asbestos is made up of minerals that occur naturally and are organized into long, thin fibres. These materials are known as being strong, flexible and resistant to fire and chemicals. These properties made them useful in a variety of industrial products, like insulation.
Because asbestos is so versatile, it is used in a range of household and commercial items. Examples include floor tiles made of vinyl as well as insulation for
Asbestos lawyer pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These diseases have a lengthy time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. In most cases asbestos in good condition will not release fibres unless disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning a renovation that could cause damage to it, you must consult with an asbestos specialist for a more thorough inspection.
If asbestos is in good shape, there is no need to get rid of it. See your doctor if are concerned about your health. They can conduct a variety of tests to determine whether you're experiencing symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. Additionally the laws of the state oblige public employees to have the same protections. If you work in an asbestos-containing building your employer is required to provide you with details on how to contact a contractor who can remove asbestos. Contact an environmental company to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos can be safely removed provided that the proper precautions are followed. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the material. If homeowner decides to eliminate
asbestos claim from their home, they must follow all state and federal regulations. This includes covering up all the waste produced by the project and disposing it. The improper handling and disposal of asbestos can expose workers and others to asbestos-related illnesses, including lung cancer and mesothelioma. To prevent this, strict regulations have been enacted.
If asbestos is in good shape and isn't damaged, it is unlikely to pose a health risk. It is however recommended that you have any ACM that could be affected by demolition or renovation inspected by an asbestos professional before beginning the work.