Is Asbestos Legal?
Congress has approved several incremental legislation plans despite the fact that asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to The EPA's list of chemicals that are most important to be reviewed and assessed for risk.
Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws differ between states, but generally property owners are required to keep their premises secure and warn employees of any risks that might be present.
The Law
Asbestos is a class of naturally occurring minerals that were once used in construction due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however they can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 different products. If you suspect your workplace or home may contain asbestos, a licensed inspector should examine the area. A professional can tell you what to do when asbestos is found in your workplace or at home and can work with a contractor when needed.
It is possible to file an asbestos lawsuit against a manufacturer of asbestos-containing products. It is often difficult to prove a defendant's fault. In some 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 established however, instead it relies on the fact that the product was inherently dangerous.
An
asbestos lawyer can provide information on the various kinds of strict liability and negligence and will advise you on whether this theory applies to your case. Employers are also required to provide safe working conditions for their employees and provide adequate education in safety. This requirement can be extended to property owners who employ asbestos if they are aware that employees from other companies will be using those structures.
Many asbestos manufacturers avoided liability through bankruptcy protection. Companies who comply with this procedure are required to pay "bankruptcy funds" that pay injured victims pennies on the dollars of their losses in the past. The system is criticized for the lack of transparency, and because it does not cover future compensation.
Congress was able to consider but did not adopt, legislation that would have established a $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in construction materials, and many Americans may have assumed that the mineral was banned. The United States is one the few industrialized nations that do not ban asbestos, despite its proven cancer-causing properties. This is an issue our lawyers and the international anti-asbestos movement continue to tackle every single day.
In 1989 the year 1989, the EPA published a rule that banned the importation, manufacture, and processing of asbestos-containing products. However chemical companies sued and the court overturned most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list of chemicals that require an assessment of risk. In the year 2019, the EPA took a major step towards the ban when it issued an order that bolstered the agency's abilities to prevent asbestos-containing products from resurfacing on the market.
However, trade groups are trying to stop the EPA's plan to prohibit
asbestos compensation. These groups claim a ban on asbestos would be a threat to the supply of chlorine in the United States and claim that there are better alternatives in place of asbestos. They have hired experts and consultants to help to make their case, and they are turning to lawmakers who are connected to the asbestos industry.
Our company has been fighting this fight for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and harmful substance in the United States. This is a huge step to ensure that there are no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to determine if you have asbestos
Asbestos is made up of an assortment of minerals that occur naturally and are organized into long, thin fibers. These materials are known for their toughness, flexibility and resistance to fire and chemicals. These properties made them useful in a number of industrial products, including insulation.
Asbestos is used in many different types of building and household products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, and fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes and other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses can be long-lasting and patients might not experience symptoms for up to 20 years after exposure.
Many people worry about asbestos in their home. The majority of the time asbestos in good state will not release any fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you're planning to renovate your home and disturb it in any way, you must consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good condition, there is no reason not to remove it from your home. Talk to your doctor if are concerned about your health. They can order a variety of tests to determine if you suffer from symptoms relating to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must give you information on how to contact an
asbestos claim abatement contractor. You should also contact an environmental inspection company to examine your home. The experts can inspect your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos can be safely removed provided that the appropriate precautions are taken. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by federal and state regulations on how the work is done. This includes covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos could expose people and workers to asbestos-related ailments, like lung cancer and mesothelioma. To stop this from happening strict regulations have been enacted.
If asbestos is in good shape and is not affected, it will not cause health risks. However, it is advised that you have any ACM which is affected by renovation or demolition inspected by an asbestos expert prior to starting the work.
