Is Asbestos Legal?
Although asbestos is still banned numerous legislative proposals for incremental legislation have churned through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals to be evaluated and reviewed.
Property owners are also liable for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, generally property owners must ensure that their buildings safe and notify employees of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers, however, can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos is found in over 3,000 different products. If you suspect your workplace or home may contain asbestos, a certified inspector should examine the area. A professional can advise you on what you should do if asbestos is present in your workplace or at home and will work with a contractor should it be necessary.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some instances, the victims may seek compensation under a doctrine of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and is based on the fact that the product was dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you on the possibility of applying this theory to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This obligation could extend to owners of buildings where asbestos is used when it is believed that the buildings will be used by third party employees.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who use this method are required to fund "bankruptcy funds" which pay injured victim's pennies on their past losses. The system is criticized for its lack of transparency and since it doesn't cover future compensation.
In an effort to safeguard the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have tapped funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought asbestos was banned since it's not a typical building material. However, the United States is one of the few industrialized nations that does not ban asbestos despite the fact that it's known to cause cancer in any quantity. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily to address this issue.
The first step towards an end to the ban came in 1989 when the EPA issued a directive prohibiting the production, importation and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still being used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other uses.
In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos has been added to the list of chemicals that require an assessment of risk. The EPA made another significant step toward a ban in 2019, when it announced a final rule that strengthens the agency's capacity to stop asbestos-containing products from resurfacing on the market.
Trade groups are trying to stop the EPA's efforts to prohibit asbestos. The trade groups argue that a ban would threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are looking to lawmakers who have ties to asbestos-related industries.
This is a fight that our company has been involved in for more than 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 dangerous substance in the United States. This is a major move to ensure that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These minerals are regarded as being strong, flexible and resistant to fire and chemicals. These properties made them useful in a number of industrial products, such as insulation.
Asbestos can be found in a variety of household and building items. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and 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 diseases such as mesothelioma or asbestosis. These diseases can be extremely latency-prone and sufferers may not be symptomatic for 20 to 50 years following exposure.
Many people are concerned about asbestos in their homes. In most cases 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 is damaged or you are planning a home remodel that could affect it, you must consult with an asbestos removal specialist to conduct a further inspection.
If asbestos is in good health, there is no reason to remove it. See your doctor if are concerned about your health. They can perform a variety of tests to see whether you are suffering from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. In pleasanton asbestos law firm of the state require public employees to be provided with the same protections. If you work in an asbestos-containing building your employer must provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. The experts can inspect your home and conduct a detailed visual examination.
How to Get Asbestos Out
Asbestos is a safe material to remove, provided the proper precautions are followed. As a result, 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 home, he or she must comply with all federal and state regulations. This involves properly covering and removing all waste generated by the project. The improper handling and disposal of asbestos could expose workers and the public to asbestos-related ailments, like lung cancer and mesothelioma. To avoid this strict guidelines have been enacted.
Asbestos that is in good shape and will not be disturbed may not pose any health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you start the work. This will allow the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance with regulations set by the government.
Anyone who is working with asbestos without a permit is violating the law, and violators are liable for heavy penalties. If you suspect that improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental health.
During the removal of asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the material with a water/detergent mist before removing it. Once asbestos has been removed, it is stored in plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and then disposed in a leak-proof car.
Alternatively small areas of asbestos in good condition can be covered with commercially-made products designed to make holes or seal the damage. These are available at shops that specialize in asbestos-related materials and safety products. For more details about how to cover asbestos and dispose of it Learn How to Remove Asbestos.