Is
Asbestos Legal?
Although asbestos is still banned several incremental legislative proposals have been passed through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals to be evaluated for risk and review.
In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws differ from state to state, but generally property owners are required to ensure their buildings are safe and warn employees of any risks that might be present.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction as it was fireproof, chemical corrosion-resistant and insulates. However, inhaling asbestos fibers can lead to serious health problems, including lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 products. If you think your workplace or home might contain asbestos, an experienced inspector should inspect the area. A professional can advise you on what needs to be done in the event that asbestos is present in your home and will work with an abatement contractor in the event of a need.
It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, victims might be able seek damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and is based on the fact that the product was intrinsically dangerous.
An asbestos lawyer can explain the various types of strict liability and negligence and can advise on whether this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and adequate safety training for employees. This obligation may extend to the owners of structures where asbestos is used when it is believed that the buildings will be used by employees of a third party.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which pay victims pennies on the dollar of past losses. The system is criticized for the inconsistency of the system, and since it doesn't cover future compensation.
Congress looked at but could not approve, legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by victim advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and many Americans might have believed that the mineral was prohibited. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily on this issue.
The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in some manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for different purposes.
In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another step towards a ban 2019 when it issued the final rule, which strengthens the agency's ability to stop asbestos-containing products from returning to the market.
Trade groups continue to stop the EPA's attempt to ban asbestos. They claim that the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are safer options in place of asbestos. They have hired experts and consultants to argue their case and are looking to legislators who have ties to asbestos-related industries.
This is a war that our firm has been involved in for over 15 years. We are proud of our work with the International Ban Asbestos Secretariat and
Asbestos Legal will continue to participate until the EPA prohibits the deadly and harmful substance in the United States. This is an important move to ensure that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to tell if have Asbestos
asbestos legal is a grouping of minerals that are found naturally and are formed into long, fine fibers. These materials are known for their durability, flexibility, and resistance to chemical and fire. These properties made these materials useful in a range of industrial products including insulation.
Because asbestos is extremely versatile, it's utilized in a range of household and building 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 pipes, furnaces, and other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These diseases can have a long latency time and patients may not show symptoms for 20 to 50 years following exposure.
Many people are concerned that they have asbestos in their home. Asbestos that is in good condition will not release fibers until it is agitated. Check the material for water damage, abrasions or tears. If the material appears slightly damaged or if you intend to make changes to your home or disturb it in any way, it is recommended to consult an asbestos abatement expert for a thorough examination.
If asbestos is in good condition there is no need to remove it. If you are concerned about your health, you should consult a physician. They can order various tests to determine if there are symptoms related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally the state laws oblige public employees to have the same protections. If you work in an asbestos-rich building your employer is required to provide you with details on how to find a contractor that can remove asbestos. Contact an environmental inspection company to evaluate your home. They will test your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos removal is secure if you take the right precautions. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes covering any waste generated during the project and properly disposing of it. The improper handling and disposal of asbestos could expose people and workers to asbestos-related illnesses, like lung cancer, and mesothelioma. This is the reason strict regulations are in place to prevent this from occurring.
If asbestos is in good condition and isn't affected, it will not cause health risks.