Is Asbestos Legal?
Congress has approved a variety of incremental legislation proposals despite the fact that asbestos is still banned. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.
Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ between states, however, in general, property owners are required to keep their buildings secure and warn employees of any risks that might be present.
The Law
Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 different products. If you believe your workplace or home may contain asbestos, a licensed inspector should examine the area. A professional can advise you on what to do should
asbestos be present in your workplace or at home and work with a contractor if needed.
You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, victims might be able to pursue damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that a product was a risk in itself.
An
asbestos lawyer can explain the various types of negligence and strict liability and will advise you on whether this theory is applicable to your particular situation. Employers are also required to ensure safe working conditions for their employees and adequate education in safety. This obligation could extend to owners of buildings that are constructed with asbestos if it is known that the buildings will be utilized by third party employees.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that make this decision are required to fund "bankruptcy funds" which pay injured victim's pennies based on their previous losses. The system is criticized for the lack of transparency, and because it does not cover future compensation.
To protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in construction materials, and many Americans might have believed the mineral was prohibited. However, the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that it's known to cause cancer in any quantity. Our lawyers and the international anti-asbestos campaign continue to work daily on this issue.
The first step towards an end to the ban came in 1989, when the EPA issued a regulation prohibiting the production, importation and processing of most asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and then import it for other uses.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos has been added to the list of substances that require a risk assessment. The EPA took another major step towards a complete ban in 2019 when it issued the final rule, which strengthens the agency's capacity to stop asbestos-containing products from returning to the market.
However, trade groups are attempting to stop the EPA's plan to ban asbestos. These groups claim asbestos bans would threaten the country's chlorine supply and claim that there are alternatives than asbestos. They have hired experts and consultants to help argue their case and are now turning to lawmakers who are connected to asbestos-related industries.
This is a war that our company has been involved in for over 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA has banned this hazardous and deadly substance in the United States. This is a crucial step toward ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.
How to Tell if You Have Asbestos
Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their flexibility, strength and resistance to fire and chemicals. These properties make them useful in a variety of industrial products, like insulation.
Because asbestos is so versatile, it is used in a range of household and commercial items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are just a few examples.
asbestos claim is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases such as asbestosis or mesothelioma. These lung diseases have a long duration of incubation, and sufferers may not experience symptoms until 20 to 50 years after exposure.
Many people worry about asbestos in their home. Asbestos in good condition is unlikely to release any fibers until it is damaged. Examine the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to remodel your house and alter it in any way, you should consult an asbestos abatement specialist for a further inspection.
If asbestos is in good condition there is no need to get rid of it. Consult your physician if you are worried about your health. They can perform various tests to determine if you suffer from symptoms linked to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental inspection company to examine your home. They will test your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos removal is secure if you take the proper precautions. Asbestos removal is best done by professionals who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering up all the waste produced during the project and properly disposing of it. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related diseases, such as lung cancer and mesothelioma. To prevent this strict rules have been enacted.
If asbestos is in good shape and is not disturbed, it may not pose a health risk.