Is Asbestos Legal?
Although asbestos is still banned several incremental legislative proposals have churned through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's priority list of chemicals to be evaluated for risk and review.
Property owners are also accountable for asbestos-related injuries, as are mining companies. State laws differ but generally, property owners must keep their buildings safe and warn workers of any dangers that could be present.
The Law
Asbestos is a range of naturally occurring minerals. It was previously used in construction as it was fire-resistant, chemical corrosion-resistant and insulates. Inhaling asbestos fibers, however, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to show up after exposure. Even today, asbestos can be found in more than 3,000 items. 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 should be done when asbestos is found in your property and will collaborate with an abatement company in the event of a need.
You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain cases, victims may seek damages under a theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can explain strict liability, negligence and the different types of liability and help you on the possibility of applying this theory to your particular situation. The law also requires that employers provide safe working conditions and adequate safety education to employees. This obligation may extend to owners of structures where asbestos is used in the event that it is established that those buildings are used by third party employees.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.
Congress considered but failed to pass legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans might have believed that asbestos was prohibited because 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 that asbestos has been proven to cause cancer in any quantity. Our lawyers and the world's anti-asbestos movement continue to work day in and day out on this issue.
In 1989 the year 1989, EPA issued a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for other purposes.
In 2016, Congress updated Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another major step towards a ban 2019 when it issued an official rule that enhances the agency's ability to prevent asbestos-containing items from returning to the market.
However, trade groups are trying to block the EPA's effort to stop asbestos from being used in construction. They argue that the asbestos ban would affect the supply of chlorine in the country and argue that there are alternatives than asbestos. They have hired experts and consultants to help make their case, and they are turning to lawmakers who have ties to the asbestos industry.
Our company has been fighting this fight for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and hazardous substance in the United States. This is a huge move to ensure that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to determine if you have asbestos
Asbestos is a collection of minerals that are naturally occurring and are laid out into long, thin fibres. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These properties make them useful in a variety of industrial products, including insulation.
Because asbestos is extremely versatile, it's utilized in a variety of buildings and household products. Some examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases harmful fibers into the atmosphere. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases can be long-lasting and sufferers may not be symptomatic for a period of 20 to 50 years after exposure.
Many people worry that they have asbestos in their home. Asbestos in good shape is not likely to release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you are planning to renovate your home and disturb it in any way, it is recommended to consult an asbestos removal expert for a thorough examination.
If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult with a physician. They can perform a variety of tests to see whether you are suffering from symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility, your employer must provide you with details on how to find a contractor that can remove asbestos. You should also seek out an environmental inspection company to assess your home. These professionals can test your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos is safe to remove as long as the proper precautions are followed. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must comply with all state and federal regulations. This includes properly covering all the waste produced by the project, and then disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is why strict rules are in place to stop this from happening.
Asbestos in good condition that will not be disturbed may not pose any health risks. However, it is highly recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to starting the work. This will let the professional know whether the material should be abated before starting any work. They will also ensure that it is properly handled, packaged and labeled, transported and disposed of according with the regulations of the government.
It is unlawful for anyone to work with asbestos without a permit, and those who violate these regulations face severe penalties. If you suspect that improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental health.
To minimize the release of fibers into air, it is crucial to keep the material wet throughout the removal process. Spraying the material prior to removing it with a water/detergent spray can aid in this. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material should be clearly marked as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
Alternately, small areas of asbestos that are in good condition can be covered with commercial products that are designed to make holes or seal the damage. fall river asbestos law firm are products can be found in stores that specialize in asbestos-related materials and safety equipment. Check out How to Remove Asbestos for more information on how to dispose and cover asbestos in a safe manner.