Is Asbestos Legal?
Although asbestos is still banned various legislative proposals that are incremental have been floated through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws differ from state to state, but generally property owners are required to ensure their buildings are safe and inform employees of any risks that might be present.
The Law
Asbestos is a range of naturally occurring minerals. It was once used in construction since it was fire-resistant, chemical corrosion resistant and insulating. However, inhaling asbestos fibers can cause serious health problems including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3000 products. If you suspect your workplace or house may contain asbestos, a qualified inspector should be able to inspect the area. A professional can assist you in determining what needs to be done in the event that asbestos is present on your property and collaborate with an abatement company when needed.
You can file a suit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim removes any need to prove four elements of negligence, and relies instead on the fact that the product was inherently dangerous.
An asbestos lawyer can provide information on the various types of negligence and strict liability and can advise on whether this theory is applicable to your situation. Employers are also required to ensure safe working conditions for their employees and provide adequate education in safety. This obligation may extend to owners of buildings that are constructed with asbestos if it is known that those buildings will be used by employees of a third party.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" that pay victims of injury 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.
In an effort to protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund to replace litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies for compensation. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have believed asbestos was banned since it's no longer a widely used building material. However it's true that the United States is one of the few industrialized countries that does not ban asbestos despite the fact that asbestos is known to cause cancer in any amount. santa monica asbestos attorney is a problem that our lawyers and the international anti-asbestos campaign continue to tackle every single day.
The first step toward an end to the ban came in 1989, when the EPA issued a regulation prohibiting the production, importation, and processing of most asbestos-containing products. However chemical industry filed a suit and the court overturned most of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and buy it from mining operations.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took a further step towards a ban 2019 when it published a final rule that strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.
However, trade groups are attempting to block the EPA's effort to stop asbestos from being used in construction. They claim that asbestos bans would affect the supply of chlorine in the country and argue that there are safer options in place of asbestos. They have hired experts and consultants to present their arguments and are now looking to legislators who have ties to asbestos's industry.
Our firm has been fighting this battle for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is a major step towards ensuring that there are no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is made up of an assortment of minerals that are naturally occurring and are laid out into long, thin fibers. These materials are known as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products including insulation.
Asbestos is a component in a variety of household and building items. Some examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes, as well as other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These illnesses 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 might have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Check the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel which could impact it, you should speak with an asbestos abatement specialist for further inspection.
If asbestos is in good shape, there is no need to remove it. Talk to your doctor if are concerned about your health. They can perform a variety of tests to determine whether you're suffering from symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility the employer has to provide you with information on how to connect with a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. They can conduct a test on your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos removal is safe if you take the right precautions. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes covering all the waste produced by the project and disposing it. Improperly handling and disposing of asbestos can expose workers and the general public to asbestos-related ailments, like lung cancer, and mesothelioma. To avoid this strict rules have been put in place.
If asbestos is in good condition and isn't affected, it will not cause health risks. However, it is advised that you have any ACM that is likely to be affected through demolition or renovations inspected by an asbestos professional before beginning any work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also ensure that it is properly handled properly, packed, labeled, and transported in compliance with the government regulations.
It is unlawful for anyone to work in asbestos without a license, and those who violate these rules can face substantial fines. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.
To prevent the release of fibers into air, it's important to keep the material moist during the removal process. This can be accomplished by spraying the material with a water/detergent mist before removing it. After the asbestos is removed, it has to be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos that are in good condition using commercial products that seal holes and repair damage. These products are available in stores that specialize in asbestos-related products and safety equipment. For more information on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.