Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been passed through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. State laws differ but generally, property owners must ensure that their structures safe and inform workers of potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibers can cause serious health problems, including lung cancer, mesothelioma and asbestosis. The symptoms may take 15 to 30 years to show up after exposure. Even in the present, asbestos can be found in more than 3,000 items. A qualified inspector should check your home or work place in the event that you suspect it could contain asbestos. A qualified professional can help you decide what you should do if asbestos is present within your home or workplace and work with a contractor when needed.
It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain cases, victims may pursue damages based on a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based 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 secure working conditions and safety training for their employees. This obligation can extend to owners of buildings where asbestos is utilized if it is known that the building are utilized by third party employees.
Many asbestos producers avoided liability through bankruptcy protection. Companies who do this are required to create "bankruptcy funds" which pay injured victims pennies based on their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it doesn't cover workers' future compensation.
Congress looked at but did not adopt legislation that would have created the $140 billion trust fund for
asbestos instead of pursuing litigation. The bill would have taken funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was banned due to the fact that it's no longer a widely used building material. However, the United States is one of the few industrialized countries that doesn't ban asbestos, despite the fact that asbestos has been linked to cancer in any quantity. Our lawyers and the rest the international anti-asbestos campaign continue to fight every day on this issue.
In 1989 the year 1989, the EPA issued a rule which prohibited the production,
asbestos importation and processing of asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it for other purposes.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.
Trade groups are attempting to stop the EPA from banning asbestos. The trade groups argue that a ban could threaten the nation's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to argue their case and are now looking to lawmakers with ties to asbestos's industry.
Our company has been fighting this battle for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is a significant step to ensure 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 Are Infected with Asbestos
Asbestos is an assortment of minerals that are found naturally and are arranged into long,
asbestos thin fibers. These materials are known for their strength, flexibility and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.
Asbestos is used in many different types of household and building items. Some examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other building materials commonly used.
When asbestos is disturbed it releases harmful fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases 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 worry that they have asbestos in their home. Most of the time, asbestos in good condition will not release fibers unless disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a renovation that could disturb it, you must consult with an asbestos removal specialist to conduct an additional examination.
If asbestos is in good health there is no need to remove it. Consult your physician if you are worried 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 shield their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-rich building your employer must provide you with information on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection company to evaluate your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe when you follow the correct precautions. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must follow federal and state laws regarding the manner in which they do it. This includes covering up all waste generated by the project and disposing it. Improper handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To prevent this, strict regulations have been put in place.
If asbestos is in good condition and will not be disturbed, it should not be a health risk.