Is Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, however, generally, property owners are required to keep their premises safe and warn employees of any risks that might be present.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was previously used in construction as it was fire-resistant as well as chemical corrosion resistant and insulation. However, inhaling asbestos fibres can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. Symptoms can take 15 to 30 years to show up after exposure. Even in the present, asbestos can be found in more than 3000 products. If you think your workplace or home might contain asbestos, a certified inspector should be able to inspect the area. A professional can help determine what needs to be done if this material is present on your property and work with an abatement contractor when needed.
You can bring a lawsuit against the manufacturer if they make asbestos-containing products. It is often difficult to prove the fault of a defendant. In some cases, the victims could be able to claim damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and relies instead on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the strict liability, negligence and the various types of negligence and inform you if this theory is applicable in your situation. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This requirement can be extended to building owners who use asbestos if they know that employees from third parties will be using the buildings.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund special “bankruptcy trusts” which compensate victims of injuries pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.
Congress looked at, but did not pass, legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victims’ advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have believed asbestos was banned since it is not a typical building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. This is an issue our lawyers and the world’s anti-asbestos community continue to work on every day.
In 1989 the year 1989, the EPA published a rule that prohibits the importation, production, and processing of asbestos-containing products. However chemical industry filed a suit and the court upheld most of the ban. Asbestos remains utilized in certain manufacturing processes, and it’s still legal for companies to purchase the product from mining operations and import it to use for other purposes.
In 2016 Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. In the year 2019, the EPA took a major step towards the ban when it issued an act that strengthened the agency’s capacity to stop asbestos-containing products from returning to the marketplace.
Trade groups are attempting to stop the EPA from bans on asbestos. These groups claim the ban on asbestos will affect the supply of chlorine in the country and argue that there are better alternatives in place of asbestos. They have hired consultants and experts to aid them in making their case. They’re also looking to legislators with ties to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud of our involvement in 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 significant step to ensure that there are no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to Tell if You Are Infected with Asbestos
Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These materials are known as being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products including insulation.
Because asbestos is so versatile, it’s used in a variety of household and industrial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, Asbestos Lawyer and fake fireplace embers are a few 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 harmful fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These illnesses can be long-lasting and patients may not be symptomatic for up to 20 years after exposure.
Many people are concerned about asbestos in their homes. Most of the time, asbestos in good condition will not release fibres unless disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to make changes to your home or disturb it in any way, you should consult an asbestos litigation abatement expert to conduct a more thorough inspection.
If asbestos is in good condition there is no reason why you should remove it from your home. If you are concerned about your health, you should consult with a physician. They can recommend a range of tests to see if you are experiencing symptoms related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building the employer has to provide you with details on how to reach a contractor who can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. The experts can inspect your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos is a safe material to remove, provided the proper precautions are taken. 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 homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This includes covering up all the waste produced by the project, and then disposing of it. Unsafe 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. To prevent this strict guidelines have been put in place.
If asbestos is in good condition and will not be affected, it will not pose a health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected prior to begin your work. This will allow a professional to determine if the material needs to be removed prior to starting any work. It also helps ensure it is handled in a safe manner, packaged, labeled and transported according to the guidelines of the government.
Anyone who works with asbestos without a permit is in violation of the law, and those who do are liable for heavy fines. If you suspect improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.
To reduce the release of fibers into air, it is important to keep the material hydrated during the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it away. Once the asbestos has been removed, it has to 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 a leak-proof car.
You can also protect small areas of asbestos law in good condition with commercial items that fill holes and seal damage. These products are sold in stores that specialize on asbestos-related materials and safety equipment. Learn How to Remove Asbestos for more details about how to dispose and cover asbestos in a safe manner.