Is
Asbestos Legal?
Congress has approved a variety of incremental legislation plans despite the fact asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be evaluated for risk and review.
Property owners are also accountable for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, generally property owners must keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is a variety of naturally occurring minerals. It was once employed in construction because it was fire-resistant, chemical corrosion resistant, and insulating. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, lung cancer and asbestosis. Symptoms can take 15 to 30 years to show up after exposure. Even in the present, asbestos can be found in more than 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect that it might contain asbestos. A qualified professional can help you decide what steps to take should asbestos be present in your workplace or at home and can work with a contractor when needed.
It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In some cases, the victims might be able seek damages under the theory 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 dangerous.
An asbestos lawyer can explain the various kinds of strict liability and negligence and advise you on whether this theory applies to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training to employees. This requirement can be extended to building owners who use asbestos if they know that employees from other companies will be using those buildings.
Many
asbestos claim manufacturers avoided the risk of liability by filing for bankruptcy protection. The companies that do this have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it does not cover workers' future compensation.
Congress was able to consider but could not approve legislation that would have established an $140 billion trust fund for asbestos as a substitute for litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and some Americans may have assumed that asbestos was banned. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily on this issue.
In 1989 the year 1989, the EPA issued a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it to use for other purposes.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos is now on the list that requires an assessment of risk. In the year 2019, the EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's abilities to prevent asbestos-containing product from returning to the market.
Trade groups are attempting to prevent the EPA from prohibiting asbestos. They claim that asbestos bans would harm the nation's supply of chlorine and claim that there are better alternatives in place of asbestos. They have hired experts and consultants to aid them in making their case. They are also turning to lawmakers who have ties to asbestos.
Our company has been fighting this fight for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the dangerous and deadly substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
Asbestos is a grouping of minerals that are naturally occurring and are organized into long, thin fibers. These materials are well-known for their durability, flexibility, and resistance to chemical and fire. These properties make them useful in a number of industrial items, including 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 building, and fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a lengthy latency period, and victims might not feel symptoms until 20 to 50 years after exposure.
Many people are worried about asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material appears to be slightly damaged, or if you plan to remodel your home and alter it in any way, you should consult an asbestos abatement expert to conduct a more thorough inspection.
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, you should consult with a physician. They can order various tests to determine if you suffer from symptoms relating to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. Additionally the state laws oblige public employees to have the same protections. If you work in an asbestos-rich building your employer is required to provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. The experts can examine and test your home.
How to Remove Asbestos
Asbestos removal is safe provided you take the right precautions. Asbestos removal is best done by experts who are certified and trained in the proper handling of the material. If homeowners decide to remove asbestos from their home, they must follow all state and federal regulations. This includes covering all waste generated by the project and 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 guidelines are in place to prevent this from happening.
Asbestos that is in good condition and will not be disturbed may be safe for health. However, it is highly recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos professional before commencing the work.