Is Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have been passed through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws vary from state to state, but generally, property owners are obliged to keep their properties secure and warn workers of any dangers that could be present.
The Law
Asbestos is among the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers it can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos can be found in more than 3,000 products. If you think your workplace or house may contain asbestos, a qualified inspector should inspect the area. A professional can help you determine what must be done if this material is present within your home or workplace and work with an abatement professional if necessary.
It is possible to file an
asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, victims can seek 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 was intrinsically dangerous.
An asbestos lawyer can explain strict liability, negligence, and the various types of liability and tell whether this theory applies in your situation. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This obligation may extend to owners of buildings where asbestos is utilized when it is believed that the building are used by employees of a third party.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that comply with this procedure are required to pay "bankruptcy funds" which pay victims of injury pennies for their losses in the past. This system is often criticized for its lack of transparency, and because it does not provide future compensation.
In an effort to protect the public, Congress has considered but failed to pass legislation that would have created a $140 billion asbestos trust fund in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, it did not receive the support of victim advocates and
Asbestos lawsuit corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was prohibited because it is no longer a commonly used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. This is a matter that our lawyers and the world's anti-asbestos movement continue to fight every day.
The first step towards an end to the ban came in 1989, when the EPA issued a regulation prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining companies.
In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took another major step towards a complete ban in 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing items from returning to the market.
Trade groups are trying to block the EPA from bans on asbestos. These groups argue that a ban would threaten the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to argue their case, and they are turning to legislators who have ties to the asbestos industry.
Our company has been fighting this battle for
Asbestos Lawsuit more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
asbestos claim is a collection of minerals that naturally occur and are organized into long, thin fibres. They are known for their strength, flexibility and resistance to chemical and fire. These properties made them useful in a variety of industrial products, including insulation.
Asbestos is used in many different types of building and household products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes and other common building materials.
When asbestos is disturbed, it releases dangerous fibres into the air. Inhaling these fibers can lead to serious lung conditions like mesothelioma or asbestosis. These illnesses may have a long latency time and patients might not experience symptoms for a period of 20 to 50 years following exposure.
Many people worry that they might have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is agitated. Check the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a home remodel that could affect it, you must consult with an asbestos specialist for further inspection.
If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, consult a doctor. They can order various tests to determine whether you suffer from symptoms related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer is required to provide you with information on how to find a contractor that can remove asbestos. Contact an environmental inspection firm to examine your home. They can test and visually inspect your home.
How to Get Asbestos Out
Asbestos is a safe material to remove, provided the proper precautions are taken. Asbestos removal must be done by professionals 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 covering up all waste generated during the project and properly disposing of it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related ailments such as mesothelioma cancer and lung disease. This is the reason strict regulations are in place to stop this from happening.
If asbestos is in good condition and has not been disturbed, it may not pose a health risk.