Is Asbestos Legal?
While asbestos is still banned, various legislative proposals that are incremental have churned through Congress. One of them 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 liable for asbestos-related injuries, as are mining companies. The laws vary from state to state, but generally, property owners are required to keep their premises safe and warn workers of any possible dangers.
The Law
asbestos lawsuit is a variety of naturally occurring minerals. It was previously used in construction because it was fire-resistant, chemical corrosion-resistant and insulation. However, inhaling asbestos fibres can cause serious health issues like mesothelioma, lung cancer and asbestosis. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is present in over 3,000 different products. A qualified inspector should inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can assist you in determining what must be done when asbestos is found in your property and will collaborate with an abatement contractor when needed.
You can file a suit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove the fault of a defendant. In some cases, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and is based on the fact that the product was dangerous.
An asbestos lawyer can explain the various types of strict liability and negligence and will be able to advise you if this theory is applicable to your particular situation. Employers are also required to provide safe working conditions for their employees and adequate education in safety. This requirement can be extended to building owners who use asbestos, if they are aware third-party employees will use those buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. The companies that do this have to fund special “bankruptcy trusts” which pay injured victims pennies on the dollar of their past losses. This system is criticized for its lack of transparency, as well since it doesn’t cover future compensation.
Congress considered but could not approve legislation that would have created the $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn’t get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and many Americans may have assumed that the mineral was banned. The United States is one the few industrialized countries that do not ban asbestos despite its cancer-causing properties. Our lawyers and the world’s anti-asbestos activists continue to work day in and day out on this issue.
The first step toward the ban was in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it’s still legal for companies to purchase the substance from mining operations and import it for other purposes.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. In 2019, the EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency’s ability to stop asbestos-containing products from resurfacing on the marketplace.
Trade groups are trying to prevent the EPA from prohibiting asbestos. They claim that asbestos bans would threaten the country’s chlorine supply and argue that there are better alternatives than asbestos. They have hired experts and consultants to make their case, and they are turning to lawmakers with ties to the asbestos industry.
This is a fight that our firm has been involved in for over 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.
How to tell if you Are Infected with Asbestos
Asbestos is made up of minerals that are found naturally and are formed into long, fine fibres. These minerals are renowned for their toughness, flexibility and resistance to chemicals and fire. These qualities made them useful in a variety of industrial products including insulation.
Because asbestos is so versatile, it’s employed in a wide range of household and industrial products. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also present in ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases harmful fibers into the atmosphere. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases have a long period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. Asbestos in good health is not likely to release fibers until it is agitated. Inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel which could impact it, you must consult with an asbestos abatement specialist to conduct an additional inspection.
If asbestos is in good shape there is no need to get rid of it. If you are concerned about your health, seek advice from a physician. They can perform a variety of tests to determine whether you’re experiencing symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building your employer is required to provide you with information on how to reach a contractor who can remove asbestos litigation. Contact an environmental company to examine your home. They will examine and test your home.
How to Get Asbestos Out
Asbestos removal is secure if you follow the correct precautions. Asbestos removal is best done by experts who are certified and trained in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering all waste generated during the process and properly disposing it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To prevent this, strict regulations have been put in place.
Asbestos that is in good condition and will not be disturbed may be safe for health. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected prior to start the work. This will enable the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is handled, packaged and labeled, transported and disposed of in accordance with government regulations.
Anyone who uses asbestos without a permit is breaking the law, and those who do are subject to heavy penalties. If you suspect that asbestos was not properly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.
In the process of removing asbestos, the material must be kept wet constantly to minimize the release of airborne fibers. Spraying the asbestos prior to taking it off with a water/detergent spray will aid in this. After the asbestos is removed, it must be placed in thick plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof car.
You can also protect small areas of asbestos in good condition with commercial items that fill holes and seal damage. These products are sold in stores that specialize on asbestos-related products and safety equipment. For more information about how to cover and dispose of asbestos read How to Remove Asbestos.