Is
Asbestos Legal?
Congress has approved a variety of incremental legislation proposals despite the fact that asbestos is still banned. One of these 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.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws differ between states, but generally, property owners are required to keep their buildings secure and inform employees of any risks that might be present.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling
asbestos fibers can cause serious health issues, including lung cancer, mesothelioma and asbestosis. Symptoms can take 15 to 30 years to develop after exposure. Even in the present, asbestos is present in over 3,000 different products. A qualified inspector should check your workplace or home in the event that you suspect it could contain asbestos. A professional can assist you in determining what should be done in the event that asbestos is present within your home or workplace and collaborate with an abatement contractor should it be necessary.
It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and relies instead on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the various types of strict liability and negligence and will advise you on whether this theory applies to your situation. The law also requires employers to provide secure working conditions and safety training for their employees. This requirement can also apply to the owners of structures where asbestos is used in the event that it is established that those buildings will be used by employees of a third party.
Many asbestos producers avoided liability through bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't guarantee future compensation for workers.
In an effort to protect the public, Congress has considered but was unable to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was banned because it is no longer a widely used building material. However it is true that the United States is one of the few industrialized countries that does not ban asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue our lawyers and the rest of the world's anti-
asbestos litigation movement continue to tackle every single day.
The first step toward an end to the ban came in 1989, when the EPA issued a rule prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the substance and buy it from mining companies.
In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list that requires a risk assessment. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an act that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the marketplace.
However, trade organizations continue to stop the EPA's plan to stop asbestos from being used in construction. These groups claim that a ban would threaten the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired consultants and experts to assist them in making their argument. They are also reaching out to legislators with ties to asbestos.
Our company has been fighting this battle for more than 15 year. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is an important step toward ensuring that no other Americans will suffer the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to determine if you have asbestos
Asbestos is a collection of minerals that are found naturally and are arranged into long, thin fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These properties made them useful in a number of industrial items, including insulation.
Asbestos can be found in many different types of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are just a few examples. Asbestos can also be found on shingles, ceiling tiles and insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases such as mesothelioma or asbestosis. These diseases may have a long latency time and sufferers may not notice symptoms for 20 to 50 years following exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is agitated. Examine the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to renovate your home and alter the material in any way, consult an asbestos abatement specialist for a further inspection.
If asbestos is in good condition, there is no reason not to remove it from your home. See your doctor if are concerned about your health. They can recommend a range of tests to determine whether you're suffering from symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally the state laws require public employees to be provided with the same protections. If you work in an asbestos-containing building the employer has to provide you with the information needed to reach a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. These professionals can examine and test your home.
How to Remove Asbestos
Asbestos is safe to remove provided that the proper precautions are taken. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos materials from their home, they must adhere to 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.