Is
Asbestos Legal?
Although asbestos is still 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 EPA's priority list of chemicals for review and risk assessment.
In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary from state to state, however, in general, property owners are required to keep their buildings safe and warn workers of any potential dangers.
The Law
Asbestos is among the naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos can be present in over 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a qualified inspector should examine the area. A professional can help you determine what should be done should asbestos be found on your property and work with an abatement contractor in the event of a need.
It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim removes any need to prove four elements of negligence,
asbestos law and relies instead on the fact that the product is inherently dangerous.
An asbestos lawyer can provide information on the various types of strict liability and negligence and advise you on whether this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees and adequate education in safety. This requirement can also apply to the owners of buildings that are constructed with
asbestos Law when it is determined that the buildings are used by third party employees.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who do this are required to fund "bankruptcy funds" that pay injured victims pennies based on their past losses. This system is criticised for its inconsistency of the system, and since it doesn't cover future compensation.
In a bid to protect the public, Congress has considered but failed to approve legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have assumed that asbestos was banned. The United States is one the few industrialized countries that do not ban
asbestos despite its well-known cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to fight every day on this issue.
In 1989 the year 1989, the EPA issued a regulation that banned the importation, manufacture, and processing of asbestos-containing products. However, the chemical industry sued and the court overturned the majority of the ban. Asbestos is still being employed in a few manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for other purposes.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos has been added to the list of substances that require a risk assessment. The EPA made another significant step towards a ban 2019 when it published a final rule that strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.
Trade groups are once again trying to block the EPA's effort to ban asbestos. These groups claim a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are alternatives than asbestos. They have hired experts and consultants to present their arguments, and they are turning to legislators who have ties to asbestos-related industries.
Our company has been fighting this battle for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step in ensuring that nobody else Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to determine if you have asbestos
Asbestos is made up of an assortment of minerals that are found naturally and are laid out into long, thin fibres. These minerals are renowned for their toughness, flexibility and resistance to chemical and fire. These qualities made them useful in a range of industrial products, including insulation.
Because asbestos is so versatile, it's used in a wide range of buildings and household items. Examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These lung diseases have a long period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.
Many people worry that they might have asbestos in their home. Asbestos that is in good condition is unlikely to release fibers until it is damaged. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a home remodel that could cause damage to it, you should consult with an asbestos specialist to conduct an additional inspection.
If asbestos is in good condition, there is no reason to remove it from your home. Talk to your doctor if are worried about your health. They can recommend a range of tests to see whether you are suffering from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing structure your employer must provide you with information on how to contact a contractor who can remove asbestos. Contact an environmental inspection firm to assess your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos is a safe material to remove, provided the proper precautions are taken. Asbestos removal should only be performed by experts who have been trained and licensed in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This includes covering up all the waste produced by the project and disposing it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. This is the reason strict regulations are in place to prevent this from happening.