Is
Asbestos Legal?
Congress has passed several incremental legislations despite the fact that asbestos is still banned. One of these, 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.
Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws differ from state to state however, generally, property owners are required to keep their premises safe and warn workers of any possible dangers.
The Law
Asbestos is a range of minerals that are naturally occurring. It was once employed in construction because it was fire-resistant, chemical corrosion-resistant and an insulator. Inhaling asbestos fibers, however it can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms may take 15 to 30 years to develop after exposure. Even today, asbestos is still found in over 3,000 different products. If you suspect your workplace or home may contain asbestos, an experienced inspector should examine the area. A professional can help determine what must be done in the event that asbestos is present in your home and will work with an abatement contractor when needed.
You can file a suit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims could be able to claim damages on the basis of strict liability. This type of claim eliminates any need to prove four elements of negligence, and relies instead on the fact that the product is inherently dangerous.
An
asbestos lawyer can provide information on the various kinds of negligence and strict liability and will be able to advise you if this theory applies to your situation. The law also requires employers to provide safe working conditions and safety training for employees. This obligation can extend to the owners of buildings that are constructed with asbestos if it is known that the building are utilized by third party employees.
Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies who use this method are required to pay "bankruptcy funds" which pay victims of injury pennies based on their previous losses. The system is criticized for the lack of transparency and because it does not cover future compensation.
Congress considered, but did not pass, legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have used funds held by 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.
Asbestos is no longer a common ingredient in construction materials, and many Americans might have believed the mineral was not allowed. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact asbestos has been proven to cause cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to work day in and day out on this issue.
In 1989 the year 1989, the EPA issued a rule that prohibits the importation, production, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court upheld most of the ban. Asbestos is still being used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for different purposes.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos has been added to the list that requires a risk assessment. In 2019, the EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's ability to stop asbestos-containing products from resurfacing on the market.
However, trade groups are trying to block the EPA's effort to ban asbestos. They argue that asbestos bans would affect the supply of chlorine in the country and claim that there are better alternatives than asbestos. They have hired experts and consultants to argue their case and are now looking to lawmakers who have ties to asbestos-related industries.
This is a fight that our firm has been involved in for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the dangerous and deadly substance in the United States. This is a crucial step towards ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been 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. They are known for being strong, flexible and resistant to chemicals and fire. These qualities made them suitable in a number of industrial products, such as insulation.
Because asbestos is so versatile, it's used in a wide range of household and commercial products. Examples include vinyl floor tiles, insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes, and other building materials commonly used.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases, such as asbestosis or mesothelioma. These diseases may be extremely latency-prone and sufferers might not experience symptoms for 20 to 50 years following exposure.
Many people worry about asbestos in their homes. Most of the time asbestos in good condition will not release fibers unless they are disturbed. Inspect 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 the material in any way, it is recommended to consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good condition, there is no reason to remove it. If you are concerned about your health, seek advice from a physician. They can conduct various tests to determine if you suffer from symptoms relating to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public place where you are exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. You should also call an environmental inspector to evaluate your home. The experts can inspect your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos can be safely removed provided the proper precautions are followed. Asbestos removal should be done by experts who are certified and trained in the proper handling of the substance. If homeowners decide to remove asbestos from their home, they must comply with all federal and state regulations. This includes covering and removing all waste resulting from the project. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. To avoid this strict rules have been enacted.
Asbestos in good health that will not be disturbed may not pose a health risk. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected before you start the work.
