While asbestos is still banned, several incremental legislative proposals have been tossed around Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. State laws differ however, in general, property owners must keep their buildings safe and warn workers of potential dangers.
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, and insulate properties. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 products. If you believe your workplace or house may contain asbestos, a certified inspector should inspect the area. A professional can tell you what to do should asbestos be present within your home or workplace and work with a contractor if needed.
You can file a suit against the manufacturer when they produce asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain cases, victims may seek compensation under a doctrine of strict liability. This type of claim is not based on the four elements of negligence to be proven, but instead relies on the fact that a product was dangerous in its own right.
An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you if this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and safety education to employees. This obligation can extend to owners of buildings that are constructed with asbestos when it is determined that those buildings will be utilized by third party employees.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of 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 considered but failed to pass, legislation that would have established an $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and some Americans might have assumed that the mineral was banned. However the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the international anti-asbestos campaign continue to work daily on this issue.
The first step towards prohibition came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of all asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.
In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another step toward a ban in 2019 when it issued a final rule that bolsters the agency's capability to prevent asbestos-containing items from returning to the market.
Trade groups are attempting to prevent the EPA from banning asbestos. They argue that the asbestos ban would harm the nation's supply of chlorine and claim that there are alternatives than asbestos. They have hired experts and Asbestos Legal consultants to help argue their case and are looking to lawmakers who have ties to asbestos-related industries.
Our company has been fighting this battle for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a huge move to ensure that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to Determine if You Are Suffering from Asbestos
Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. They are known for their toughness, flexibility and resistance to chemicals and fire. These qualities made them suitable in a variety of industrial products, like insulation.
Because asbestos is so versatile, it is used in a variety of household and commercial items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These illnesses may be extremely latency-prone and patients may not be symptomatic for a period of 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Asbestos in good health will not release fibers until it is damaged. Check 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 consult an asbestos abatement expert to conduct an additional inspection.
If asbestos is in good shape there is no reason not to remove it from your home. Consult your physician if you are concerned about your health. They can order various tests to determine if you have symptoms relating to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to protect 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 details on how to connect with a contractor who can remove asbestos. Contact an environmental company to assess your home. They can examine and test your home.
How to Remove Asbestos
Asbestos can be safely removed, provided that the appropriate precautions are followed. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, he or she must comply with all state and federal regulations. This includes covering and removing any waste from the project. Incorrectly handling and disposing of asbestos could expose workers and others to asbestos-related diseases like lung cancer, and mesothelioma. This is why strict regulations are in place to prevent this from happening.
If asbestos is in good condition and will not be affected, it will not be a health risk. However, it is advised that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos expert prior to commencing the work. This will enable a professional to determine whether the material requires abatement before commencing any work. It will also make sure that it is properly handled properly, packed, labeled, and transported in accordance with the regulations of the government.
Anyone who uses asbestos without a permit is violating the law. Those who break it are subject to heavy fines. If you suspect that asbestos has not been properly removed from your property, asbestos legal call your local environmental quality department or the Occupational Safety and Health Administration.
To reduce the release of fibers into air, it's important to keep the material wet throughout the removal process. This can be accomplished by spraying the asbestos with a detergent or water mist prior to taking it away. After the asbestos case has been removed, it is placed in thick plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste and disposed in a leak-proof car.
You can also cover small areas of asbestos in good condition by using commercial products that fill in holes and seal any damage. These are available at stores that specialize in asbestos case-related materials and safety items. For more information about how to cover and dispose of asbestos Learn How to Remove Asbestos.
