Is
Asbestos Legal?
Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals to be reviewed and assessed for risk.
In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary between states, but generally, property owners are required to keep their premises secure and inform workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that were once a popular choice in construction due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take between 15 and
Asbestos Legal 30 years to show up after exposure. Even today, asbestos is present in more than 3,000 different products. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can advise you on what to do when asbestos is found within your home or workplace and can work with a contractor if needed.
You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be proven, but instead relies on the fact that the product was dangerous in its own right.
An
asbestos lawyer can explain strict liability, negligence, and the different types and advise you on the possibility of applying this theory to your particular situation. The law also requires employers to provide safe working conditions as well as adequate safety education to employees. This obligation could be extended to owners of buildings who use asbestos, if they are aware third-party employees will use those buildings.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. The system is criticized for the lack of transparency, as well because it does not provide future compensation.
Congress looked at, but did not pass, legislation that would have established an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and some Americans might have believed that the mineral was banned. The United States is one the few industrialized nations 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.
In 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the material and buy it from mining companies.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In 2019, the EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.
Trade groups are attempting to block the EPA's effort to ban asbestos. These groups claim that a ban will affect the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to make their case and are looking to lawmakers with ties to the asbestos industry.
This is a war that our firm has been involved in for over 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a crucial step toward ensuring that no other Americans will be afflicted with 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 a collection of minerals that occur naturally and are arranged into long, thin fibers. These materials are known for their flexibility, strength and resistance to chemical and fire. These qualities made them suitable in a variety of industrial items, including insulation.
Because asbestos is so versatile, it is used in a myriad of buildings and household products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These diseases have a long latency period,
Asbestos Legal and victims may not notice symptoms until 20 to 50 years after exposure.
Many people worry about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is damaged. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning a renovation that could cause damage to it, you should check an asbestos abatement expert for a more thorough inspection.
If asbestos is in good health, there is no reason to remove it. See your doctor if are concerned about your health. They can conduct a variety of tests to determine whether you are suffering from symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally the state laws require public employees to receive the same protections. If you work in an asbestos-containing structure your employer must provide you with information on how to reach a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos is safe to remove 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 material. If a homeowner chooses to remove asbestos from their house, they must comply with state and federal regulations regarding how to complete the task. This includes covering up every waste product generated by the project and disposing it. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. This is the reason strict regulations are in place to prevent this from happening.
Asbestos that is in good condition and can't be disturbed may not pose any health risk.