Is
Asbestos Legal?
While asbestos is still banned, several incremental legislative proposals have churned through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may also face liability for asbestos-related injuries. State laws differ however, in general, property owners must keep their buildings safe and notify employees of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to show up after exposure. Even today, asbestos is present in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can help you determine what needs to be done if this material is present within your home or workplace and collaborate with an abatement company if necessary.
You can file a suit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain instances, victims may pursue damages based on a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved and instead relies on the fact that a product was dangerous in its own right.
An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of liability and tell you on the possibility of applying this theory in your situation. The law also requires that employers provide safe working conditions and safety training to employees. This obligation could be extended to building owners who use asbestos, if they are aware third-party employees will use those buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that comply with this procedure are required to pay "bankruptcy funds" which pay injured victims pennies based on their losses in the past. This system is often criticized for the lack of transparency, as well because it doesn't cover future compensation.
Congress was able to consider, but did not pass legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have believed that asbestos was banned due to the fact that it is no longer a widely used building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos movement continue to fight every day.
In 1989, the EPA issued a regulation that prohibits the importation, production, and processing of asbestos-containing products. However chemical industry filed a suit and the court upheld 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 to use for other uses.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. The EPA made another significant step towards a complete ban in 2019 when it issued a final rule that bolsters the agency's ability to prevent asbestos-containing products from returning to the market.
Trade groups are once again trying to block the EPA's effort to prohibit asbestos. They argue that a ban will affect the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their argument. They are also turning to legislators with ties to asbestos.
This is a battle our firm has been involved in for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a significant step towards ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to Determine if You Are Infected with Asbestos
Asbestos is a collection of minerals that are naturally occurring and are organized into long, thin fibres. They are known for being flexible, strong and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products like insulation.
Asbestos is utilized in many different types of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces, and other common building materials.
When asbestos is disturbed it releases dangerous fibres into the atmosphere. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These diseases can have a long time of latency, and victims may not be symptomatic for up to 20 years after exposure.
Many people are concerned that they have asbestos in their home. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Check the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning to remodel your home that could disturb it, you should consult an asbestos abatement expert to conduct a further examination.
If asbestos is in good condition, there is no need to eliminate it. If you are concerned about your health, consult a physician. They can perform a variety of tests to see whether you're suffering from symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer should give you information on how to reach an asbestos abatement contractor. You should also call an environmental inspector to examine your home. These professionals can test your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos removal is secure if you take the appropriate precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the material. If homeowners decide to remove asbestos from their home, they must adhere to all federal and state regulations. This involves properly covering and removing all waste generated by the project. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. This is why strict regulations are in place to stop this from happening.
asbestos lawsuit that is in good shape and is not disturbed could not pose any health risks. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected before you begin your work.