Is Asbestos Legal?
Congress has approved a variety of 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 included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state but generally, property owners are required to keep their buildings secure and inform workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that were once a popular choice in construction due to its fire-resistant chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3,000 different products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A professional can assist you in determining what should be done if this material is present within your home or workplace and work with an abatement contractor in the event of a need.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It can be difficult to prove a defendant's fault. In certain instances, victims can claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven, but instead relies on the fact that the product was inherently dangerous.
An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of liability and tell you on the possibility of applying this theory to your particular situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate training in safety. This requirement can be extended to building owners who employ asbestos if they are aware that 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 has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.
Congress was able to consider but could not approve legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. The bill would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in building materials, and some 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 well-known cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily to address this issue.
In 1989 in 1989, the EPA issued a rule which prohibited the production, importation, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the substance and purchase it from mining companies.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another major step toward a ban in 2019 when it issued the final rule, which strengthens the agency's capability to prevent asbestos-containing products from coming back onto the market.
However, trade groups continue to block the EPA's effort to ban asbestos. These groups argue that a ban could threaten the chlorine supply in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to argue their case and are now turning to legislators who have ties to asbestos companies.
This is a fight that our firm has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA prohibits this harmful and deadly chemical 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 those millions of men women 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 materials are known for their flexibility, strength and resistance to fire and chemicals. These properties made these materials useful in a variety of industrial products, including insulation.
Because asbestos is so versatile, it's employed in a myriad of household and commercial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are 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 harmful fibers into the air. Inhaled fibers can cause serious lung diseases such as asbestosis or mesothelioma. These diseases have a long time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.
Many people worry that they have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you're planning to remodel your home and alter the material in any way, it is recommended to consult an asbestos abatement expert to conduct a more thorough inspection.
If asbestos is in good shape there is no reason to remove it. Consult your physician if you are worried about your health. They can recommend a range of tests to determine if you are experiencing symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing structure, your employer must provide you with details on how to reach a contractor who can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. They will examine and test your home.
How to Remove Asbestos
Asbestos removal is safe when you take the proper precautions. Asbestos removal should only be performed by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by state and federal regulations regarding how the work is done. This includes properly covering all the waste produced during the project and properly disposing of it. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related diseases such as lung cancer and mesothelioma. To stop this from happening strict guidelines have been enacted.
Asbestos in good health that won't be disturbed might be safe for health. However, it is advised that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will allow the professional to determine whether the material should be sprayed prior to starting any work. It will also ensure that it is handled, packed, labeled, transported, and disposed of in compliance with regulations set by the government.
Anyone who works with asbestos without a permit is violating the law and those who violate it face severe penalties. If you suspect improper abatement occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
In the process of removing asbestos, the material should be kept moist throughout the process to prevent the release of airborne fibers. Spraying santa rosa asbestos lawyer to removal with a detergent or water spray can aid in this. After the asbestos has been removed, it has to be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.
In addition, small areas of asbestos in good condition can be covered with commercially-made products designed to repair holes and seal damages. These are available at shops which specialize in asbestos materials and safety items. For more details on how to properly cover asbestos and dispose of it read How to Remove Asbestos.