Is
Asbestos Legal?
Although asbestos is still banned several legislative proposals with incremental provisions have been passed through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals to be evaluated for risk and review.
Property owners are also liable for asbestos-related injuries, as are mining companies. Laws vary by state, but in general property owners must keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was once used in construction as it was fireproof, chemical corrosion resistant, and an insulator. Inhaling asbestos fibers it can cause serious health issues, including asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to show up after exposure. Even today, asbestos is still present in more than 3,000 different products. If you are concerned that your workplace or home might contain asbestos, a certified inspector should check the area. A professional can determine what to do should asbestos be present in your home or workplace and can work with a contractor should it be necessary.
You may file a lawsuit against the manufacturer if they manufacture
asbestos law-containing products. However, proving a defendant's negligence can be difficult. In certain cases, victims may seek damages under 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 a risk in itself.
An asbestos lawyer can provide information on the various types 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 and adequate safety training for their employees. This obligation may extend to owners of buildings where asbestos is used in the event that it is established that the buildings will be used by third party employees.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies who make this decision are required to pay "bankruptcy funds" which pay injured victim's pennies based on their past losses. This system is criticized for its lack of transparency and since it doesn't cover future compensation.
To protect the public, Congress has considered but failed to pass legislation that would create an asbestos trust fund of $140 billion fund to compensate victims of litigation. This bill would have taken money that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and many Americans may have assumed that asbestos was banned. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos movement continue to work on each day.
In 1989 the year 1989, the EPA issued a regulation that prohibited the production, importation and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it to use for other uses.
In 2016 Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. The EPA took another step towards a complete ban in 2019, when it released the final rule, which strengthens the agency's capability to prevent asbestos-containing products from coming back onto the market.
Trade groups are attempting to prevent the EPA from prohibiting asbestos. These groups claim asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are alternatives than asbestos. They have hired experts and consultants to assist them in making their case. They're also looking on lawmakers who have connections to asbestos.
Our company has been fighting this battle for more than 15 years. We are extremely proud of our role 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 a significant step towards 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 Are Suffering from Asbestos
Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These materials are regarded as being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products including insulation.
Because asbestos is so versatile, it's used in a myriad of household and commercial items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.
Many people worry that they might have asbestos in their home. The majority of the time, asbestos in good state will not release any fibers unless they are disturbed. Examine the material for water damage, abrasions, or tears. If the material is damaged or you are planning a renovation that could cause damage to it, you must consult with an asbestos abatement specialist for further inspection.
If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, consult with a physician. They can order a variety of tests to determine if there are symptoms that are related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. Additionally states' laws oblige public employees to have the same protections. If you work in an asbestos-containing structure your employer must provide you with details on how to contact a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. The experts can inspect your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos removal is secure if you follow the correct precautions. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must adhere to state and federal regulations regarding the manner in which they do it. This includes covering up any waste generated by the project, and then disposing of it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To stop this from happening strict rules have been enacted.