Is
Asbestos Legal?
Congress has approved several incremental legislation proposals despite the fact asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners could be held responsible for asbestos-related injuries. State laws differ however, generally property owners must keep their structures safe and inform workers of the potential hazards.
The Law
Asbestos is among the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, however they can cause serious health issues, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should be able to inspect your home or work place in the event that you suspect it could contain asbestos. A professional can help you determine what steps to take if this material is present in your property and will work with an abatement contractor if necessary.
You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some cases, victims can pursue damages based on a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead relies on the fact that a product was inherently dangerous.
An asbestos lawyer can explain the various kinds of negligence and strict liability and can advise on whether this theory is applicable to your case. The law also requires employers to provide safe working conditions as well as adequate safety training for employees. This requirement can be extended to property owners who use asbestos if they know that employees from third parties will be using the structures.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system is criticised for the lack of transparency, as well because it does not provide future compensation.
Congress was able to consider but failed to pass, legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by corporations or victim advocates.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and some Americans might have believed that the mineral was banned. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work every day to address this issue.
In 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. However, the chemical industry sued and the court upheld most of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the material and buy it from mining operations.
In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took another major step toward a ban in 2019 when it issued an official rule that enhances the agency's capacity to stop asbestos-containing products from coming back onto the market.
Trade groups are trying to block the EPA from bans on asbestos. They argue that the asbestos ban would threaten the country's chlorine supply and argue that there are safer options than
asbestos litigation. They have hired experts and consultants to aid them in making their argument. They're also reaching out to lawmakers with ties to asbestos.
Our firm has been fighting this battle for more than 15 year. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is an important step towards ensuring that no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to Tell if You Are Infected with Asbestos
Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These materials are known for their flexibility, strength and resistance to fire and chemicals. These qualities made them useful in a range of industrial products, including insulation.
Asbestos is used in a variety of household and building products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for pipes, furnaces as well as other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases may have a long latency time and patients might not experience symptoms for 20 to 50 years after exposure.
Many people worry about asbestos in their home.
asbestos law in good shape is unlikely to release any fibers until it is disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material appears to be slightly damaged, or if you plan to make changes to your home or alter the material in any way, seek out an asbestos abatement professional for a further inspection.
If asbestos is in good shape, there is no reason to remove it from your home. See your doctor if are concerned about your health. They can order a variety of tests to see if you are experiencing symptoms that are 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 the information needed to find a contractor that can remove asbestos. You should also call an environmental inspector to examine your home. They will test your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos removal is safe provided you take the proper precautions. Asbestos removal should only be performed by experts who have been trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must comply with all state and federal regulations. This includes covering every waste product generated during the project and properly disposing of it. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related diseases, such as lung cancer and mesothelioma. To prevent this strict guidelines have been enacted.
If asbestos is in good condition and has not been affected, it will not pose a health threat. However, it is advised that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos expert prior to commencing the work. This will allow an expert to determine if the material requires removal prior to beginning any work.