Is Asbestos Legal?
Congress has passed several incremental legislation proposals despite the fact asbestos is still prohibited. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws vary between states, but generally, property owners are required to ensure their buildings are safe and warn employees of any risks that might be present.
The Law
Asbestos is among the naturally occurring minerals that were once used in construction due to its fire-resistant chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however they can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. The symptoms can take between 15 and 30 years to show up after exposure. Even today, asbestos can be found in more than 3,000 different products. If you suspect your workplace or house may contain asbestos, an experienced inspector should be able to inspect the area. A professional can advise you on what steps to take if this material is present on your property and work with an abatement professional when needed.
It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. It isn't always easy to prove the fault of a defendant. In certain instances, victims may seek damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that a product was dangerous in its own right.
An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you if this theory is applicable to your particular situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate training in safety. This requirement can also apply to owners of buildings that are constructed with asbestos in the event that it is established that the buildings are used by employees of a third party.
Many asbestos manufacturers escaped 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 their past losses. The system is criticized for the lack of transparency and because it doesn't cover future compensation.
Congress was able to consider but could not approve legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. This bill would have used funds held by bankruptcy trusts and insurance companies for compensation. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in construction materials, and a lot of Americans might have assumed that the mineral was not allowed. The United States is one the few industrialized countries that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work day in and day out on this issue.
In 1989 in 1989, the EPA issued a rule that prohibited the manufacture, importation and processing of asbestos-containing products. However, the chemical industry sued and the court reversed most of the ban. Asbestos is still used in some manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it for other uses.
In 2016 Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued a rule that strengthened the agency's ability to stop asbestos-containing products from returning to the marketplace.
Trade groups continue to stop the EPA's attempt to prohibit asbestos. The trade groups argue that a ban will affect the nation's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to argue their case and are now looking to lawmakers who are connected to asbestos companies.
Our company has been fighting this fight for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the dangerous and deadly substance in the United States. This is an important step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. They are known for being strong, flexible and resistant to fire and chemicals. These qualities made them suitable in a variety of industrial products, such as insulation.
Because asbestos is so versatile, it's used in a variety of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos can also be found on ceiling tiles, shingles, 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 these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. In most cases, asbestos in good state will not release any fibers 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 alter the material in any way, you should consult an asbestos abatement expert for a further inspection.
If asbestos is in good condition, there is no reason to remove it from your home. Consult your physician if you are concerned about your health. They can conduct various tests to determine if you suffer from symptoms that are related to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in an asbestos-containing structure your employer is required to provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental company to evaluate your home. They can conduct a test on your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos is a safe material to remove, provided that the proper precautions are taken. Asbestos removal should only be done by experts who are certified and trained in the proper handling of the material. If homeowners decide to remove asbestos from their home, he or she must comply with all federal and state regulations. This includes covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos could put workers as well as the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict regulations are in place to prevent this from happening.
Asbestos that is in good shape and can't be disturbed may not pose any health risks. However, it is advised that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will allow an expert to determine whether the material needs to be removed prior to beginning any work. It will also ensure that it is properly handled properly, packed, labeled, and shipped in accordance with the regulations of the government.
Anyone who uses asbestos without a permit is breaking the law. Those who break it are liable for heavy fines. If you suspect that an improper abatement is taking place 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 quality.
In the process of removing asbestos, the material needs to be kept moist at all times to reduce the release of airborne fibers. Spraying the asbestos prior to getting rid of it using a detergent or water spray can aid in this. Once the asbestos has been removed, it has to be placed in heavy plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition by using commercial products that seal holes and repair damage. These products are sold in stores that specialize on asbestos materials and safety equipment. Find out How to Get rid of Asbestos to learn more about how to cover and dispose asbestos safely.