Is Asbestos Legal?
Congress has passed several incremental legislations, despite the fact that asbestos is still banned. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals to be reviewed and assessed for risk.
Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ between states, however, in general, property owners are required to keep their buildings safe and inform employees of any risks that might be present.
The Law
Asbestos can be described as a variety of naturally occurring minerals. It was previously employed in construction because it was fireproof as well as chemical corrosion resistant and insulates. Inhaling asbestos fibers, however they can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos is still present in more than 3,000 different products. If you suspect your workplace or house may contain asbestos, a qualified inspector should be able to inspect the area. A professional can advise you on what steps to take should asbestos be present in your workplace or home and can work with a contractor when needed.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. It isn't always easy to prove the defendant's guilt. In certain instances, victims may seek damages under a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the various types of negligence and strict liability and advise you on whether this theory applies to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training for employees. This requirement can also apply to the owners of buildings where asbestos is utilized when it is believed that those buildings are utilized by employees of third parties.
Many asbestos manufacturers avoided liability through bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which pay injured victims 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 cover workers' future compensation.
Congress looked at, but did not pass, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans might have believed asbestos was banned since it is no longer a commonly used building material. However, the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact asbestos is known to cause cancer in any amount. Our lawyers and of the world's anti-asbestos campaign continue to fight every day on this issue.
In 1989 the year 1989, EPA published a rule that banned the importation, manufacture and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the substance and buy it from mining operations.
In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. In the year 2019, the EPA took a major step towards an asbestos ban when it published a rule that strengthened the agency's capabilities to prevent asbestos-containing products from resurfacing on the marketplace.
However, trade groups are trying to stop the EPA's efforts to prohibit asbestos. These groups argue that a ban would threaten the country's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are now looking to legislators who have ties to asbestos's industry.
This is a battle that our firm has been involved in for more than 15 years. We are proud of our participation with 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 huge step to ensure that no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to Determine if You Have Asbestos
Asbestos is made up of an assortment of minerals that occur naturally and are organized into long, thin fibers. They are known for their toughness, flexibility and resistance to chemical and fire. These qualities made them useful in a variety of industrial products, including insulation.
Asbestos is used in a variety of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes, as well as other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.
Many people are worried that they may have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is disturbed. Examine the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a renovation that could disturb it, you must consult an asbestos abatement expert to conduct an additional examination.
If asbestos is in good shape there is no reason not to remove it from your home. If you are concerned about your health, you should consult a physician. They can perform a variety of tests to see whether you're experiencing symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must provide details on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to assess your home. They will test your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is secure if you take the proper precautions. Asbestos removal must be performed by professionals who are certified and trained in the proper handling of the substance. If a homeowner chooses to remove asbestos from their house, they must comply with federal and state laws regarding the manner in which they do it. This includes properly covering every waste product generated during the project and properly disposing of it. Improper handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. This is the reason strict regulations are in place to prevent this from happening.
If asbestos is in good shape and has not been disturbed, it may not be a health risk. However, new haven asbestos attorney is highly recommended that you have any ACM that could be affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will allow an expert to determine whether the material requires abatement before starting any work. It will also ensure that it is handled, packed, labeled and transported in compliance with the government regulations.
Anyone who uses asbestos without a permit is violating the law, and those who do face heavy fines. If you suspect that asbestos has not been properly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material should be kept moist all the time to limit the release of airborne fibers. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it away. Once the asbestos has been removed, it should be put into plastic bags or tarps that are double-wrapped with tape. This material should be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition using commercial products that seal holes and repair damage. These products are available in stores that specialize on asbestos-related products and safety gear. Check out How to Get rid of Asbestos to learn more on how to dispose and cover asbestos safely.