Is Asbestos Legal?
While asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the The EPA's list of chemicals that are most important to be evaluated for risk and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws differ between states, however, in general, property owners are required to ensure their buildings are safe and warn workers of any potential dangers.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was previously employed in construction because it was fire-resistant, chemical corrosion resistant, and insulating. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer and asbestosis. The symptoms may take 15 to 30 years to develop after exposure. Even in the present, asbestos is present in over 3,000 different products. A certified inspector should examine your home or work place when you suspect it may contain asbestos. A professional can help determine what needs to be done should asbestos be found in your property and will work with an abatement professional in the event of a need.
You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim removes any need to prove four elements of negligence, and is based on the fact that the product was intrinsically dangerous.
An
asbestos lawyer can explain the different kinds of strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This requirement can be extended to building owners who use asbestos, if they are aware employees from third parties will be using the structures.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who do this are required to provide "bankruptcy funds" which pay victims of injury pennies based on their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't pay future workers' compensation.
To protect the public, Congress has considered but failed to approve legislation that would create an asbestos trust fund of $140 billion fund in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to provide compensation. It was not supported by victims' advocates or corporations.
Is Asbestos Banned In The U.S.
Many Americans might have believed that asbestos was banned because it's not a typical building material. The United States is one the few industrialized nations which do not have a ban on asbestos, despite its proven cancer-causing properties. Our lawyers and the world's anti-asbestos activists continue to work day in and day out on this issue.
The first step towards an end to the ban came in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical companies sued and the court overturned the majority of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it to use for different purposes.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA took another major step towards a ban 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing products from resurfacing on the market.
Trade groups are trying to stop the EPA's efforts to stop
asbestos from being used in construction. They argue that the asbestos ban would threaten the country's chlorine supply and claim that there are alternatives in place of asbestos. They have hired experts and consultants to help argue their case, and they are turning to lawmakers with ties to asbestos-related industries.
Our company has been fighting this fight for more than 15 year. We are incredibly proud to have stood 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 huge step in 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 have asbestos
Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products such as insulation.
Asbestos is used in many different types of building and household items. Some examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases dangerous fibres into the atmosphere. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases can be long-lasting, and victims may not be symptomatic for up to 20 years following exposure.
Many people are worried about asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Examine the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you intend to renovate your home and disturb it in any way, you should consult an asbestos abatement specialist for a further 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, consult a physician. They can order a variety of tests to determine whether you are suffering from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected 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 details on how to find a contractor that can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos removal is safe provided you take the appropriate precautions. For this reason, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, he or she must comply with all state and federal regulations. This includes covering all the waste produced during the process and properly disposing it. Unsafe handling and disposal of asbestos can expose workers and the public to asbestos-related diseases like lung cancer and mesothelioma. To prevent this, strict regulations have been enacted.
If asbestos is in good condition and will not be affected, it will not be a health risk.