Is
Asbestos Legal?
Although asbestos is still banned, several legislative proposals with incremental provisions have been tossed around Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the The EPA's list of chemicals that are most important to be evaluated for risk and review.
In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws differ from state to state, however, in general, property owners are required to keep their buildings safe and inform workers of any potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3,000 products. A qualified inspector should inspect your workplace or home when you suspect it may contain asbestos. A professional can determine what steps to take should asbestos be found within your home or workplace and work with a contractor should it be necessary.
It is possible to start an
asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain cases, victims could be able to claim damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established however, instead it relies on the fact that a product was a risk in itself.
An asbestos lawyer can provide information on the different kinds of negligence and strict liability and can advise on whether this theory applies to your particular situation. The law also requires employers to provide secure working conditions and safety training for employees. This obligation could be extended to building owners who employ asbestos if they know that third-party employees will use the structures.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system is criticized for the lack of transparency, and because it does not provide future compensation.
Congress considered, but did not pass legislation that would have created an investment fund of $140 billion for asbestos as a substitute for litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and many Americans might have assumed that asbestos was banned. However it is true that the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that it's known to cause cancer in any quantity. This is a matter that our lawyers and the world's anti-asbestos movement continue to tackle every single day.
The first step towards an end to the ban came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In 2019, the EPA made a significant step towards a ban when it released an order that bolstered the agency's ability to stop asbestos-containing products from returning to the marketplace.
However, trade organizations are trying to stop the EPA's efforts to stop asbestos from being used in construction. These groups claim that a ban would threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them build their case. They're also reaching out to lawmakers with ties to asbestos.
Our firm has been fighting this battle for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the dangerous and deadly substance in the United States. This is a significant 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 tell if have Asbestos
Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. They are known for being strong, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products including insulation.
Asbestos can be found in a variety of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses have a long latency period, and
Asbestos Legal victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are concerned that they may have asbestos in their homes. Asbestos that is in good condition will not release fibers until it is damaged. Inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel which could impact it, you should consult with an asbestos removal specialist for further examination.
If asbestos is in good condition there is no reason why you should remove it from your home. If you are concerned about your health, consult with a physician. They can perform a variety of tests to determine if you are experiencing symptoms related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. Additionally states' laws require public employees to receive the same protections. If you are employed in a public establishment that is exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. You should also seek out an environmental inspection company to assess your home. These professionals can test your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos can be safely removed, as long as the proper precautions are followed. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to eliminate asbestos materials from their house, they must comply with federal and state laws regarding how the work is done. This includes properly covering and removing any waste from the project. Unsafe handling and disposal of asbestos can expose people and workers to asbestos-related ailments, like lung cancer, and mesothelioma. To avoid this, strict regulations have been enacted.
If asbestos is in good condition and isn't affected, it will not be a health risk.