Is
Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental 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 priority list of chemicals for review and risk assessment.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. Laws vary by state but generally, property owners must ensure that their structures safe and inform workers of potential dangers.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was once employed in construction because it was fire resistant as well as chemical corrosion resistant and insulation. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer, and asbestosis. Symptoms can take 15 to 30 years to appear after exposure. Even in the present, asbestos can be present in over 3,000 different products. A qualified inspector should check your home or work place if you suspect that it might contain asbestos. A professional can help determine what needs to be done when asbestos is found on your property and work with an abatement professional in the event of a need.
You can file a suit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some cases, victims may claim damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and relies instead on the fact that the product is inherently dangerous.
An asbestos lawyer can provide information on the various types of negligence and strict liability and advise you on whether this theory applies to your particular situation. Employers are also required to offer safe working conditions for their employees and adequate education in safety. This requirement can be extended to property owners who use asbestos when they are aware that employees from third parties will be using the structures.
Many asbestos producers avoided liability through bankruptcy protection. Companies that use this method are required to pay "bankruptcy funds" that pay injured victims pennies for their previous losses. This system is often criticized for its lack of transparency, and because it does not provide future compensation.
In a bid to protect the public, Congress has considered but failed to approve legislation that would establish a $140 billion asbestos trust fund in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and
asbestos legal insurance companies for compensation. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have believed asbestos was banned since it's no longer a widely used building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. This is an issue that our lawyers and the international anti-asbestos campaign continue to work on each day.
The first step towards a ban came in 1989 when the EPA issued a regulation prohibiting the importation, manufacturing and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of 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 material from mining operations and import it to use for different purposes.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, EPA made a significant step towards an asbestos ban when it published a rule that strengthened the agency's capacity to stop asbestos-containing product from returning to the market.
Trade groups are trying to stop the EPA's efforts to ban asbestos. These groups claim that a ban could threaten the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help make their case and are now turning to lawmakers with ties to asbestos-related industries.
This is a fight that our company has been involved in for over 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and harmful substance in the United States. This is a huge move to ensure that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to tell if you Are Suffering from Asbestos
Asbestos is a collection of minerals that occur naturally and are laid out into long, thin fibers. These materials are known as being flexible, strong and resistant to fire and chemicals. These properties made them useful in a variety of industrial products, like insulation.
Asbestos is used in a variety of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples.
Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces as well as other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung conditions like mesothelioma or asbestosis. These lung diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you are planning to remodel your house and alter the material in any way, it is recommended to consult an asbestos abatement specialist for a further inspection.
If asbestos is in good condition, there is no reason to remove it from your home. If you are concerned about your health, consult a physician. They can conduct various tests to determine if there are 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. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility the employer has to provide you with information on how to connect with a contractor who can remove asbestos. You should also call an environmental inspector to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos can be safely removed, provided the proper precautions are taken. Because of this, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, they must follow all federal and state regulations. This includes covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To prevent this, strict regulations have been enacted.
Asbestos that is in good shape and will not be disturbed may not pose any health risk.