Is Asbestos Legal?
Although asbestos remains banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary from state to state however, in general, property owners must keep their premises safe and inform employees of potential dangers.
The Law
Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction because it was fire resistant, chemical corrosion-resistant and insulation. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is still present in more than 3,000 different products. A qualified inspector should be able to inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can advise you on what steps to take when asbestos is found within your home or workplace and collaborate with an abatement contractor in the event of a need.
It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, victims might be able to pursue damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that a product was a risk in itself.
An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees and provide adequate training in safety. This obligation can be extended to owners of buildings who use asbestos when they are aware that employees from other companies will be using those buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. The companies that do this must 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 and the fact that it does not guarantee future compensation for workers.
Congress was able to consider but did not adopt, legislation that would have created a $140 billion trust fund for asbestos as a substitute for litigation. salinas asbestos lawsuit would have used funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have believed that asbestos was banned because it's not a typical building material. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact it's known to cause cancer in any quantity. Our lawyers and the world's anti-asbestos activists continue to work day in and day out on this issue.
In 1989, the EPA issued a rule that banned the importation, manufacture and processing of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos remains used in some manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for other purposes.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took a further step towards a complete ban in 2019 when it published a final rule that bolsters the agency's ability to prevent asbestos-containing products from resurfacing on the market.
However, trade organizations continue to stop the EPA's efforts to ban asbestos. They argue that a ban will affect the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them make their case. They are also reaching out to lawmakers who have ties to asbestos.
Our firm has been fighting this battle for more than 15 year. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant step to ensure that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is made up of an assortment of minerals that naturally occur and are formed into long, fine fibres. These minerals are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products such as insulation.
Because asbestos is so versatile, it is used in a range of buildings and household products. Vinyl floor tiles boiler and pipe insulation in residential and commercial building, and fake fireplace embers are just a few examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung conditions like mesothelioma or asbestosis. These diseases may be long-lasting and patients might not experience symptoms for up to 20 years after exposure.
Many people are worried that they might have asbestos in their homes. Asbestos that is in good condition will not release fibers until it is damaged. Homeowners should check the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to remodel your home and disturb it in any way, you must consult an asbestos abatement specialist to conduct a more thorough inspection.
If asbestos is in good shape there is no reason not to remove it from your home. If you are concerned about your health, consult with a physician. They can order a variety of tests to determine if you are experiencing symptoms associated with asbestos exposure.
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 an asbestos-rich building the employer has to provide you with information on how to find a contractor that can remove asbestos. You should also contact an environmental inspection company to examine your home. They can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe if you take the proper precautions. Asbestos removal should be done by experts who are certified and trained in the proper handling of the material. If a homeowner decides to eliminate asbestos materials from their home, they must adhere to state and federal regulations regarding how to complete the task. This includes properly covering and removing all waste from the project. Improper handling and disposal asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. To prevent this strict regulations have been put in place.
If asbestos is in good condition and isn't disturbed, it should not cause health risks. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you begin your work. This will allow an expert to determine whether the material requires removal prior to beginning any work. It will also make sure that it is properly handled, packed, labeled and transported according to the guidelines of the government.
Anyone who is working with asbestos without a permit is breaking the law and those who violate it face severe fines. If you suspect improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.
To reduce the release of fibers into the air, it's important to keep the material damp during the removal process. This can be accomplished by spraying the asbestos with a detergent or water mist prior to removing it. Once the asbestos has been removed, it should be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
You can also cover small areas of asbestos that are in good condition by using commercial products that can fill holes and seal damages. These are available at shops that specialize in asbestos products and safety products. Find out How to Remove Asbestos for more information about how to dispose and cover asbestos in a safe manner.