Is Asbestos Legal?
Although asbestos remains banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals for review and risk assessment.
In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws vary from state to state but generally property owners are obliged to keep their properties safe and inform employees of any risks that might be present.
The Law
Asbestos is a variety of naturally occurring minerals. It was previously used in construction because it was fire-resistant, chemical corrosion-resistant and an insulator. Inhaling asbestos fibers, can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in over 3,000 different products. If you are concerned that your home or workplace may contain asbestos, a licensed inspector should be able to inspect the area. A professional can help determine what must be done should asbestos be found on your property and collaborate with an abatement contractor if necessary.
It is possible to bring an
asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, the victims might be able seek 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 rely on the fact that the product was inherently hazardous.
An asbestos lawyer can explain strict liability, negligence, and the different types of liability and help you if this theory is applicable to your situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This requirement can be extended to owners of buildings who use asbestos if they know that third-party employees will use those structures.
Many asbestos producers avoided liability through bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system is criticized for the lack of transparency, as well because it does not cover future compensation.
Congress was able to consider but did not adopt legislation that would have established the $140 billion trust fund for asbestos as a substitute for litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in building materials, and many Americans might have believed the mineral was prohibited. However, the United States is one of the few industrialized nations that do not have a ban on
asbestos, despite the fact that asbestos has been proven 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 prohibition came in 1989, when the EPA issued a regulation prohibiting the manufacturing, importation and processing of most asbestos-containing products. However chemical industry filed a suit and the court ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In 2019, the EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.
However, trade organizations are attempting to stop the EPA's plan to ban asbestos. They claim that a ban on asbestos would affect the supply of chlorine in the country and argue that there are alternatives to asbestos. They have hired consultants and experts to help them build their case. They are also reaching out to lawmakers with ties to asbestos.
This is a fight that our firm has been involved in for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and dangerous substance in the United States. This is a major step in ensuring that no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to tell if you have Asbestos
Asbestos is a grouping of minerals that occur naturally and are arranged into long, thin fibres. These materials are known for their toughness, flexibility and resistance to chemical and fire. These qualities make them ideal in a variety of industrial items, including insulation.
Asbestos can be found in a variety of household and building products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces, and other building materials commonly used.
When asbestos is disturbed, it releases dangerous fibres into the atmosphere. Inhaling these tiny fibers can get into the lungs and cause serious lung diseases,
asbestos lawsuit such as mesothelioma and asbestosis. These illnesses have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. Asbestos in good condition is unlikely to release any fibers until it is disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a remodel which could impact it, you should check an asbestos abatement expert to conduct a further examination.
If asbestos is in good condition, there is no reason to remove it from your home. If you are concerned about your health, you should consult with a physician. They can order a variety of tests to see whether you're experiencing symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you are employed in an asbestos-containing facility your employer must provide you with details on how to reach a contractor who can remove asbestos. You should also call an environmental inspector to evaluate your home. These professionals can test and visually inspect your home.
How to Remove Asbestos
Asbestos removal is safe provided you take the appropriate precautions. Asbestos removal is best performed by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to the federal and state regulations for how the work is carried out. This includes covering up every waste product generated by the project and disposing it. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related ailments, such as lung cancer and mesothelioma. To avoid this strict regulations have been enacted.
Asbestos in good health that can't be disturbed may not pose any health risk.