Is Asbestos Legal?
Although asbestos remains banned, several legislative proposals with incremental provisions have churned through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the an EPA priority list of chemicals to be evaluated for risk and review.
Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws differ between states, however, in general, property owners are required to keep their buildings safe and inform workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that were once popular in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3000 products. If you believe your home or workplace may contain asbestos, a certified inspector should be able to inspect the area. A professional can advise you on what steps to take if asbestos is present in your home or workplace and will collaborate with a contractor if needed.
It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove a defendant's fault. In some cases, victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proven however, instead it relies on the fact that a product was inherently hazardous.
An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you if this theory is applicable in your case. Employers are also required to ensure safe working conditions for their employees and adequate training in safety. This requirement can be extended to owners of buildings who use asbestos if they are aware that third-party employees will use the structures.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which compensate victims of injuries 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 provide workers with future compensation.
Congress looked at but did not adopt legislation that would have created an $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have tapped funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer ubiquitous in construction materials, and a lot of Americans may have assumed that the mineral was banned. davenport asbestos attorney United States is one the few industrialized nations that do not prohibit asbestos despite its well-known cancer-causing properties. This is a problem that our lawyers and the international anti-asbestos campaign continue to tackle every single day.
In 1989 the year 1989, EPA issued a rule that prohibited the production, importation and processing of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the material and purchase it from mining companies.
In 2016, Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In the year 2019, the EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.
Trade groups are trying to prevent the EPA from bans on asbestos. These groups claim the asbestos ban would be a threat to the supply of chlorine in the United States and argue that there are alternatives to asbestos. They have hired experts and consultants to help them make their case. They are also turning on lawmakers who have connections to asbestos.
Our company has been fighting this battle for more than 15 year. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and hazardous substance in the United States. This is a major step to ensure that nobody else Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to tell if you Are Suffering from Asbestos
Asbestos is a class of naturally occurring minerals that are placed in thin, long fibers. They are known for being tough, flexible and resistant to fire and chemicals. These properties made these materials useful in a variety of industrial products like insulation.
Because asbestos is so versatile, it's employed in a wide range of household and industrial items. Vinyl floor tiles boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as mesothelioma or asbestosis. These diseases can have a long time of latency and patients may not show symptoms for 20 to 50 years after exposure.
Many people are concerned that they may have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is disturbed. 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 the material in any way, consult an asbestos abatement specialist for a thorough examination.
If asbestos is in good shape, there is no need to remove it. If you are concerned about your health, you should seek advice from a physician. They can conduct a variety of tests to determine whether you're suffering from symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. You should also call an environmental inspector to examine your home. They will test your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos removal is safe if you follow the correct precautions. This is why asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their house, they must comply with state and federal regulations regarding how the work is carried out. This involves properly covering and disposing of any waste from the project. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related illnesses, such as lung cancer and mesothelioma. To stop this from happening, strict regulations have been enacted.
If asbestos is in good condition and isn't damaged, it is unlikely to pose a health threat. However, it is advised that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will allow a professional to determine if the material requires removal prior to commencing any work. It will also make sure that it is handled wrapped, labeled, and transported in compliance with the government regulations.
Anyone who uses asbestos without a permit is in violation of the law. Those who break it face heavy fines. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
To prevent the release of fibers into air, it's important to keep the material moist during the removal process. Spraying the material prior to removal with a detergent or water spray will help achieve this. Once the asbestos has been removed, it must be put into plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. These are products can be found in stores that specialize in asbestos-related products and safety gear. For more details on how to properly cover and dispose of asbestos read How to Remove Asbestos.