Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for review and risk assessment.
Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws differ between states, but generally, property owners are required to ensure their buildings are safe and inform workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that were once popular in construction due to its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place if you suspect that it might contain asbestos. A professional can advise you on what must be done when asbestos is found in your home and will collaborate with an abatement contractor if necessary.
It is possible to start an
asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some cases, the victims could be able to claim damages on the basis of strict liability. This type of claim eliminates the need to prove the four elements of negligence and is based on the fact that the product was intrinsically dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and
asbestos the different types and advise you on the possibility of applying this theory in your case. The law also requires that employers provide secure working conditions and safety training for their employees. This obligation can extend to the owners of buildings where asbestos is utilized when it is determined that those buildings are utilized by third party employees.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it does not guarantee future compensation for workers.
Congress considered but did not adopt legislation that would have established an investment fund of $140 billion for asbestos to be used in lieu of litigation. The legislation would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was prohibited because it is no longer a common building material. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. This is a problem that our lawyers and the rest of the international anti-asbestos campaign continue to work on each day.
The first step towards prohibition came in 1989, when the EPA issued a rule banning the production, importation and processing of all
asbestos-containing products. However chemical companies sued and the court reversed most of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. In 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's capabilities to prevent asbestos-containing product from returning to the marketplace.
However, trade organizations continue to stop the EPA's attempt to stop asbestos from being used in construction. These groups claim that a ban could threaten the nation's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case and are now looking to lawmakers who are connected to the
asbestos case industry.
Our firm has been fighting this fight for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is an important step towards ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.
How to Tell if You Are Suffering from Asbestos
Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are known for their toughness, flexibility and resistance to chemical and fire. These qualities made them useful in a variety of industrial products like insulation.
Because asbestos is so versatile, it's used in a variety of household and industrial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces as well as other common building materials.
When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling these microscopic fibers may enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These lung diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people worry that they have asbestos in their home. Asbestos in good shape is not likely to release fibers until it is damaged. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you intend to remodel your home and alter the material in any way, consult an asbestos abatement specialist for a thorough examination.
If asbestos is in good shape, there is no reason to eliminate it from your home. See your doctor if are worried about your health. They can perform various tests to determine if there are symptoms related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. Additionally the laws of the state require public employees to be provided with the same protections. If you work in a public facility where you are exposed to asbestos, your employer must provide information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection firm to examine your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
Asbestos can be safely removed, provided that the proper precautions are followed. This is why asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos from their home, they must abide by state and federal regulations regarding the manner in which they do it. This includes covering all waste generated during the process and properly disposing it. The improper handling and disposal of asbestos could expose workers and the public to asbestos-related diseases, like lung cancer, and mesothelioma. This is why strict rules are in place to stop this from happening.