Is
Asbestos Legal?
Although asbestos is still banned various legislative proposals that are incremental have been floated through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's priority list of chemicals to be evaluated and reviewed.
Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws vary from state to state but generally, property owners are required to ensure their buildings are secure and warn workers of any 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 insulates. However, inhaling asbestos fibers can lead to serious health problems including lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect that it might contain asbestos. A professional can determine what you should do should asbestos be present in your home or workplace and will collaborate with a contractor should it be necessary.
It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It isn't always easy to prove a defendant's fault. In some cases, victims can seek damages under a 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 strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to offer safe working conditions for their employees as well as adequate training in safety. This obligation can be extended to owners of buildings who employ asbestos if they are aware that third-party employees will use the structures.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who use this method are required to provide "bankruptcy funds" which pay victims of injury pennies for their past losses. The system is criticized for the inconsistency of the system, and because it does not cover future compensation.
In an effort to safeguard the public, Congress has considered but failed to approve legislation that would establish a $140 billion asbestos trust fund to replace litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was banned because it is not a typical building material. However it is true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact that asbestos has been linked to cancer in any amount. This is a matter that our lawyers and the international anti-asbestos campaign continue to fight every day.
In 1989 the year 1989, EPA issued a regulation that prohibited the production, importation and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other purposes.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added to the list of chemicals that require an assessment of risk. In the year 2019, EPA took a major step towards an asbestos ban when it published an order that bolstered the agency's capacity to stop asbestos-containing product from returning to the market.
Trade groups are attempting to stop the EPA from prohibiting asbestos. They argue that a ban could threaten the nation's supply of chlorine and argue that there are alternatives that are more secure than
asbestos claim. They have hired consultants and experts to help them build their argument. They're also looking on lawmakers who have connections to asbestos.
This is a fight that our firm has been involved in for
asbestos legal over 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a huge step in ensuring that no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to Know if You Have Asbestos
Asbestos is made up of a collection of minerals that are found naturally and are organized into long, thin fibres. They are known for being strong, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.
Because asbestos is so versatile, it's employed in a myriad of buildings and household products. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these tiny fibers can get into the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases have a lengthy latency period, and victims may not notice symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is unlikely to release fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a home remodel which could impact it, you must consult an asbestos abatement expert for a more thorough inspection.
If asbestos is in good shape, there is no reason to remove it. Consult your doctor if you are concerned about your health. They can perform various tests to determine if you suffer from symptoms related to asbestos 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 receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must provide information on how to contact an asbestos removal contractor. Contact an environmental company to examine your home. The experts can examine and test your home.
How to Get Asbestos Out
Asbestos removal is safe provided you take the proper precautions. Because of this, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If a homeowner decides to eliminate asbestos materials from their home, they must follow federal and state regulations on how the work is carried out. This includes properly covering and disposing of all waste resulting from the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. To stop this from happening strict rules have been put in place.
If asbestos is in good shape and will not be damaged, it is unlikely to pose a health threat.