Is
Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have been tossed around Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners can be held responsible for asbestos-related injuries. State laws differ however, generally property owners must ensure that their structures safe and inform workers of any dangers that could be present.
The Law
Asbestos can be described as a variety of naturally occurring minerals. It was once employed in construction because it was fire-resistant, chemical corrosion resistant, and insulates. Inhaling asbestos fibers, however they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3,000 products. If you suspect your workplace or house may contain asbestos, a qualified inspector should check the area. A professional can tell you what you should do should asbestos be found in your workplace or at home and will work with a contractor should it be necessary.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established, but instead rely on the fact that the product was inherently hazardous.
An asbestos lawyer can explain the various types of strict liability and negligence and can advise on whether this theory is applicable to your case. Employers are also required to offer safe working conditions for their employees, and to provide adequate education in safety. This requirement can be extended to property owners who employ asbestos if they know that third-party employees will use those buildings.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. This system is often criticized for the lack of transparency and because it does not cover future compensation.
Congress was able to consider but did not adopt legislation that would have established a $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in construction materials, and many Americans might have believed that the mineral was prohibited. 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 that asbestos has been proven to cause cancer in any quantity. This is a matter that our lawyers and the rest of the world's anti-asbestos movement continue to work on every day.
The first step towards prohibition came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it for different purposes.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the market.
However, trade organizations are once again trying to stop the EPA's attempt to prohibit asbestos. The trade groups argue that a ban will affect the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to aid them in making their case. They're also reaching out to lawmakers who have ties to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and dangerous substance in the United States. This is a crucial step in ensuring that other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. These materials are known for their strength, flexibility and resistance to chemicals and fire. These properties made these materials useful in a range of industrial products like insulation.
Because asbestos is so versatile, it's employed in a range of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes,
asbestos legal and other building materials commonly used.
When asbestos is disturbed, it releases dangerous fibres into the atmosphere. Inhaling asbestos fibers can result in serious lung diseases such as mesothelioma or asbestosis. These illnesses have a long duration of incubation, and sufferers might not feel symptoms until 20 to 50 years after exposure.
Many people are worried about asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you intend to make changes to your home or alter it in any way, you should consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good shape, there is no reason to remove it. Consult your physician if you are worried about your health. They can conduct a variety of tests to determine if you are experiencing symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally the laws of the state require public employees to be provided with the same protections. If you are employed in a public establishment where you are exposed to
asbestos settlement, your employer should give you information on how to contact an
asbestos compensation removal contractor. You should also seek out an environmental inspection company to evaluate your home. The experts can examine and test your home.
How to Remove Asbestos
Asbestos can be safely removed, provided that the appropriate precautions are followed. Asbestos removal is best done by experts who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must adhere to all federal and state regulations. This includes properly covering all waste generated during the project and properly disposing of it. Improperly handling and disposing of asbestos could expose people and workers to asbestos-related ailments, like lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from occurring.