Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to The EPA's list of chemicals that are most important for review and risk assessment.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. State laws differ however, in general, property owners must keep their buildings safe and notify employees of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that were once popular in the construction industry due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you think your workplace or home may contain asbestos, a licensed inspector should be able to inspect the area. A qualified professional can help you decide what to do should asbestos be present in your workplace or at home and will work with a contractor should it be necessary.
You may file a lawsuit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove the defendant's guilt. In certain cases, victims can seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead rely on the fact that the product was dangerous in its own right.
An asbestos lawyer can explain strict liability, negligence, and the various types of liability and tell whether this theory applies to your particular situation. Employers are also required to provide safe working conditions for their employees and adequate education in safety. This obligation can be extended to building owners who use asbestos, if they are aware employees from other companies will be using those buildings.
Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies who use this method are required to pay "bankruptcy funds" which pay injured victim's pennies on the dollars of their losses in the past. This system is criticized for its inconsistency of the system, and because it does not cover future compensation.
Congress looked at but failed to pass, legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. The bill would have tapped funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by victim advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos isn't as widespread in construction materials, and many Americans might have assumed that the mineral was prohibited. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work every day on this issue.
The first step towards prohibition came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court overturned most of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the material and buy it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. In the year 2019, the EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's capabilities to prevent asbestos-containing product from returning to the marketplace.
Trade groups are trying to prevent the EPA from banning asbestos. They argue that the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are alternatives to asbestos. They have hired consultants and experts to help them build their argument. They're also looking on lawmakers who have connections to asbestos.
Our firm has been fighting this battle for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and harmful substance in the United States. This is a significant step to ensure that there is no longer a chance for 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 made up of minerals that are found naturally and are laid out into long, thin fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, such as insulation.
Asbestos is used in a variety of building and household products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, and fake fireplace embers are just a few examples. Asbestos is also found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the atmosphere. Inhaling asbestos fibers can result in serious lung conditions like mesothelioma or asbestosis. These lung diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their home. palmdale asbestos law firm in good health is not likely to release fibers until it is disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to remodel your home and alter the material in any way, seek out an asbestos abatement professional for a thorough examination.
If asbestos is in good condition, there is no reason to remove it from your home. If you are concerned about your health, you should consult a physician. They can order a variety of tests to determine whether you are suffering from symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. In addition the state laws require public employees to receive the same protections. If you work in a public facility that is exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection company to examine your home. The experts can test and visually inspect your home.
How to Remove Asbestos
Asbestos removal is safe when you take the proper precautions. Asbestos removal must be performed by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must follow federal and state laws regarding how to complete the task. This includes covering all the waste produced by the project, and then disposing of it. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases like lung cancer and mesothelioma. This is why strict rules are in place to stop this from happening.
If asbestos is in good condition and will not be disturbed, it may not be a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to start the work. This will enable a professional to determine whether the material requires removal prior beginning any work. It will also make sure that it is properly handled properly, packed, labeled, and transported in compliance with the government regulations.
It is illegal to work in asbestos without a license, and those who violate these rules can face substantial fines. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.
To prevent the release of fibers into air, it is crucial to keep the material moist during the removal process. This can be achieved by spraying the asbestos with a mist of detergent and water prior to taking it away. Once asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. This material should be clearly marked as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
Alternately, small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal damage. These are sold at stores that specialize in asbestos materials and safety equipment. See How to Remove Asbestos for more information on how to cover and dispose of asbestos safely.