Is Asbestos Legal?
Although asbestos is still banned, several legislative proposals with incremental provisions have been passed through Congress. One of these is 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.
Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state but generally, property owners must keep their buildings safe and warn employees of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, lung cancer, and asbestosis. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos is present in over 3,000 different products. A certified inspector should examine your workplace or home if you suspect it may contain asbestos. A professional can help you determine what should be done when asbestos is found on your property and 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 a defendant’s negligence can be difficult. In certain cases, victims can seek damages under a theory of strict liability. This type of claim doesn’t require the four elements of negligence to be proved, but instead relies on the fact that the product was a risk in itself.
An asbestos lawyer can provide information on the various types of strict liability and negligence and will advise you on whether this theory applies to your case. The law also requires that employers provide secure working conditions and safety training for employees. This obligation could extend to the owners of buildings where asbestos is utilized in the event that it is established that those buildings are used by third party employees.
Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this must fund special “bankruptcy trusts” that pay victims of injury pennies on the dollar of 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 looked at but failed to pass, legislation that would have established an $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to provide compensation. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and many Americans might have believed that asbestos was banned. The United States is one the few industrialized nations which do not have a ban on asbestos, despite its proven cancer-causing properties. This is a matter that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day.
In 1989 the year 1989, EPA issued a rule which banned the importation, manufacture, and asbestos litigation processing of asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It’s legal for companies to import the substance and purchase it from mining operations.
In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took a further step toward a ban in 2019 when it issued an official rule that enhances the agency’s ability to stop asbestos-containing products from coming back onto the market.
Trade groups are attempting to prevent the EPA from banning asbestos. These groups claim a ban on asbestos would affect the supply of chlorine in the country and claim that there are better alternatives in place of asbestos. They have hired experts and consultants to assist them in making their argument. They’re also reaching out to lawmakers who have ties to asbestos.
Our company has been fighting this battle for more than 15 year. We are incredibly 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 significant step towards ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.
How to Know if You Have Asbestos
Asbestos is a grouping of minerals that naturally occur and are laid out into long, thin fibers. They are known for their durability, flexibility, and resistance to chemicals and fire. These qualities made them useful in a range of industrial products like insulation.
Asbestos can be found in a variety of building and household items. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos can also be found on ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung diseases, such as mesothelioma or asbestosis. These illnesses may be extremely latency-prone and patients may not be symptomatic for a period of 20 to 50 years following exposure.
Many people are concerned that they may have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a home remodel that could disturb it, you should check with an asbestos specialist to conduct a further examination.
If asbestos is in good condition there is no need to remove it. Talk to your doctor if are worried about your health. They can order a variety of tests to determine if you are experiencing symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos litigation-containing building your employer must provide you with details on how to reach a contractor who can remove asbestos. Contact an environmental company to examine your home. The experts can inspect your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos removal is safe if you follow the correct precautions. This is why asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos from their home, they must follow the federal and state regulations for the manner in which they do it. This involves properly covering and disposing of all waste from the project. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. This is why strict rules are in place to stop this from happening.
Asbestos that is in good condition and is not disturbed could not pose any health risks. It is however recommended that you have any ACM that could be affected by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will enable a professional to determine whether the material requires removal prior commencing any work. It also helps ensure it is properly handled properly, packed, labeled, and transported in accordance with the regulations of the government.
Anyone who is working with asbestos without a permit violates the law and those who violate it face severe fines. If you suspect that improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental health.
When removing asbestos, the material should be kept moist constantly to minimize the release of airborne fibers. This can be achieved by spraying the material with a mist of water or detergent prior to taking it off. Once the asbestos has been removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
Alternately small areas of Asbestos Litigation that are in good condition can be covered with commercial products designed to make holes or seal the damage. These are available at stores which specialize in asbestos materials and safety equipment. For more information on how to properly cover and dispose of asbestos Learn How to Remove Asbestos.