Is Asbestos Legal?
Congress has approved a variety of incremental legislation plans despite the fact asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's list of priority chemicals to be reviewed and assessed for risk.
In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary between states, however, in general, property owners are required to keep their premises safe and warn workers of any dangers that could be present.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was once employed in construction because it was fire-resistant as well as chemical corrosion resistant and insulates. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer and asbestosis. The symptoms may take 15 to 30 years to manifest after exposure. Even today, asbestos can be found in more than 3,000 items. If you think your workplace or house may contain asbestos, a licensed inspector should be able to inspect the area. A professional can tell you what to do if asbestos is present in your home or workplace and can work with a contractor when needed.
It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, victims may seek compensation under a doctrine of strict liability. This type of claim doesn't require the four elements of negligence to be proven however, instead it relies on the fact that a product was inherently dangerous.
An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell whether this theory applies in your case. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This requirement can be extended to property owners who use asbestos when they are aware that employees from other companies will be using those structures.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who do this are required to pay "bankruptcy funds" that pay injured victims pennies on their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't cover workers' future compensation.
Congress was able to consider, but did not pass legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in building materials, and many Americans might have believed the mineral was not allowed. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. This is an issue our lawyers and the rest of the international anti-asbestos movement continue to work on each day.
The first step towards a ban came in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and buy it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act and gave the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took a further step towards a complete ban in 2019 when it issued a final rule that strengthens the agency's ability to stop asbestos-containing items from returning to the market.
However, trade organizations are attempting to stop the EPA's efforts to prohibit asbestos. These groups argue that a ban would jeopardize the nation's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments and are now looking to legislators who have ties to asbestos's industry.
Our company has been fighting this battle for more than 15 year. We are proud of our work with 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 crucial step toward ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is an assortment of naturally occurring minerals that are placed in long, thin fibers. These materials are known for their strength, flexibility and resistance to chemical and fire. These properties make them useful in a variety of industrial products, including insulation.
Because asbestos is extremely versatile, it's utilized in a wide range of buildings and household items. Some examples include vinyl floor tiles, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and other building materials commonly used.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases such as asbestosis or mesothelioma. These diseases can have a long time of latency, and victims may not show symptoms for a period of 20 to 50 years following exposure.
Many people worry about asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless they are disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a home remodel that could cause damage to it, you should speak an asbestos abatement expert for further examination.
If asbestos is in good shape there is no reason not to remove it from your home. Talk to your doctor if are worried about your health. They can perform various tests to determine whether you suffer from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If largo asbestos law firm work in a public facility where you are exposed to asbestos, your employer should give you information on how to reach an asbestos abatement contractor. Contact an environmental company to examine your home. They can conduct a test on your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos is a safe material to remove, provided that the proper precautions are taken. This is why asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos materials from their home, they must adhere to federal and state laws regarding how the work is done. This involves properly covering and removing all waste resulting from the project. Incorrect handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict rules are in place to prevent this from happening.
If asbestos is in good shape and is not affected, it will not pose a health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition checked prior to when you begin your work. This will allow the professional to determine whether the material should be abated before starting any work and will also ensure that it is handled, packaged, labeled, transported, and disposed of in compliance with government regulations.
It is unlawful for anyone to work with asbestos without a license, and those who violate the rules are subject to severe fines. If you suspect that asbestos has not been properly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.
When removing asbestos, the substance must be kept wet constantly to minimize the release of airborne fibers. This can be achieved by spraying the material with a mist of detergent and water prior to taking it off. Once the asbestos is removed, it should be placed in heavy plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste, and disposed in a leak-proof vehicle.
Additionally small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal damage. These are available at stores that specialize in asbestos-related materials and safety equipment. For more information about how to remove asbestos Learn How to Remove Asbestos.