Is Asbestos Legal?
Congress has approved a variety of incremental legislation proposals despite the fact
asbestos attorney is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be evaluated for risk and review.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. State laws differ however, in general, property owners are required to keep their structures safe and inform workers of the potential hazards.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was previously used in construction because it was fireproof, chemical corrosion resistant and insulating. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 items. A qualified inspector should check your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what you should do if asbestos is present in your workplace or at home and can work with a contractor should it be necessary.
It is possible to file an
asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In some instances, victims might be able seek damages on the basis of strict liability. This type of claim removes the need to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.
An
asbestos lawyer can provide information on the different kinds of negligence and strict liability and will advise you on whether this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees as well as adequate training in safety. This obligation could be extended to building owners who use asbestos when they are aware that third-party employees will use those buildings.
Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that do this are required to fund "bankruptcy funds" which pay injured victim's pennies on their past losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't provide workers with future compensation.
Congress was able to consider but failed to pass legislation that would have created an $140 billion trust fund for asbestos to be used in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was prohibited because it's no longer a commonly used building material. However it is true that the United States is one of the few industrialized countries that does not ban asbestos, despite the fact that it's known to cause cancer in any quantity. This is an issue our lawyers and the rest of the world's anti-asbestos community continue to work on each day.
The first step towards a ban came in 1989 when the EPA issued a regulation prohibiting the production, importation, and processing of all asbestos-containing products. However chemical industry filed a suit and the court ruled in favor of the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for different purposes.
In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. In 2019, the EPA took a major step towards an asbestos ban when it published an act that strengthened the agency's capacity to stop asbestos-containing products from coming back to the market.
Trade groups are attempting to prevent the EPA from banning asbestos. These groups claim the ban on asbestos will affect the supply of chlorine in the country and argue that there are better alternatives to asbestos. They have hired experts and consultants to make their case and are now looking to lawmakers with ties to asbestos's industry.
Our firm has been fighting this fight for more than 15 years. 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 bans this dangerous and deadly chemical in the United States. This is an important step toward ensuring that no other Americans will suffer the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is a collection of minerals that occur naturally and are arranged into long, thin fibers. These materials are known as being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products including insulation.
Asbestos is a component in a variety of household and building products. Vinyl floor tiles, boiler and
asbestos lawsuit pipe insulation in commercial and residential building, and fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles, shingles, insulation for pipes, furnaces, as well as other common building materials.
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 can have a long latency time and patients may not notice symptoms for up to 20 years following exposure.
Many people are concerned about asbestos in their home. Asbestos in good health is unlikely to release fibers until it is damaged. Homeowners should check the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to make changes to your home or alter it in any way, you should consult an asbestos removal expert for a second inspection.
If asbestos is in good shape there is no reason to eliminate it from your home. If you are concerned about your health, you should consult a physician. They can perform various 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 shield their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in a public place where you are exposed asbestos, your employer should give you information on how to contact an asbestos removal contractor. You should also contact an environmental inspection firm to examine your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos removal is secure if you take the appropriate precautions. Asbestos removal should be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos materials from their house, they must comply with the federal and state regulations for the manner in which they do it. This includes covering up all waste generated during the process and properly disposing it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. To prevent this strict regulations have been enacted.
Asbestos in good condition that is not disturbed could not pose any health risk.