Is
Asbestos Legal?
Congress has approved several incremental legislations despite the fact asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.
In addition to mining companies,
Asbestos legal property owners could also face liability for asbestos-related injuries. The laws differ from state to state, but generally, property owners are obliged to keep their properties safe and warn employees of any risks that might be present.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is present in more than 3,000 different products. A qualified inspector should inspect your workplace or home if you suspect that it might contain asbestos. A professional can assist you in determining what must be done if this material is present on your property and collaborate with an abatement contractor if necessary.
It is possible to bring an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain instances, victims may pursue damages based on a theory of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead rely on the fact that the product was inherently hazardous.
An asbestos lawyer can provide information on the different types of negligence and strict liability and advise you on whether this theory is applicable to your case. The law also requires employers to provide secure working conditions and safety training for employees. This obligation could extend to owners of structures where asbestos is used in the event that it is established that the building will be used by employees of a third party.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency and the fact that it does not pay future workers' compensation.
Congress considered but did not adopt, legislation that would have established an investment fund of $140 billion for
asbestos legal instead of pursuing litigation. The bill would have tapped funds reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was banned due to the fact that it's no longer a commonly used 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 rest of the world's anti-asbestos campaign continue to work daily to address this issue.
The first step towards prohibition came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos continues to be used in a variety of manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for other uses.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. The EPA took another step towards a ban 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from returning to the market.
However, trade groups continue to stop the EPA's plan to ban
asbestos law. These groups argue that a ban would threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to make their case and are looking to lawmakers who have ties to asbestos's industry.
Our firm has been fighting this fight for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is an important step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to tell if you Have Asbestos
Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. They are known for being flexible, strong and resistant to chemicals and fire. These qualities made them useful in a range of industrial products like insulation.
Because asbestos is so versatile, it's used in a range of household and building products. Vinyl floor
Asbestos Legal tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos is also present in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses may be extremely latency-prone and patients may not be symptomatic for a period of 20 to 50 years following exposure.
Many people are worried that they might have asbestos in their homes. Most 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 appears to be damaged or you are planning a remodel that could disturb it, you should check with an asbestos abatement specialist for a more thorough inspection.
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 order a variety of tests to see if you are experiencing symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally states' laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental company to evaluate your home. They will test and visually inspect your home.
How to Get Asbestos Out
Asbestos is a safe material to remove, as long as the proper precautions are taken. Asbestos removal must be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos from their home, he or she must adhere to all state and federal regulations. This includes covering any waste generated during the project and properly disposing of it. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related diseases, like lung cancer and mesothelioma. This is why strict rules are in place to prevent this from happening.
If asbestos is in good condition and will not be disturbed, it should not pose a health risk.