Is Asbestos Legal?
Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.
In addition to mining businesses, property owners may be held responsible for asbestos-related injuries. The laws vary between states, but generally, property owners are obliged to keep their properties safe and warn workers of any potential dangers.
The Law
Asbestos is among the naturally occurring minerals that were once used in construction due to its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health issues like lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 products. If you think your workplace or home may contain asbestos, a licensed inspector should inspect the area. A professional can help determine what should be done should asbestos be found within your home or workplace and work with an abatement contractor when needed.
It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates any need to prove four elements of negligence and is based on the fact that the product was intrinsically dangerous.
An asbestos lawyer can provide information on the various types of negligence and strict liability and will advise you on whether this theory applies to your case. The law also requires that employers provide secure working conditions and safety training for their employees. This requirement can also apply to the owners of buildings where asbestos is utilized in the event that it is established that the buildings will be used by third party employees.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that comply with this procedure are required to provide "bankruptcy funds" which pay victims of injury pennies based on their previous losses. The system is criticized for its lack of transparency, and because it doesn't cover future compensation.
To protect the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in construction materials, and a lot of Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized countries which do not have a ban on asbestos despite its well-known cancer-causing properties. This is a problem that our lawyers and the rest of the international anti-asbestos movement continue to tackle every single day.
The first step toward the ban was in 1989 when the EPA issued a rule banning the production, importation and processing of the majority of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for other purposes.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another step towards a ban 2019, when it announced a final rule that strengthens the agency's capability to prevent asbestos-containing products from coming back onto the market.
Trade groups are attempting to prevent the EPA from bans on asbestos. These groups claim the asbestos ban would be a threat to the supply of chlorine in the United States and claim that there are alternatives in place of asbestos. alabama asbestos lawsuit have hired experts and consultants to help them make their argument. They are also reaching out to lawmakers who have ties to asbestos.
Our firm has been fighting this battle for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly substance in the United States. This is a significant step towards ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to Know if You Are Suffering from Asbestos
Asbestos is a grouping of minerals that naturally occur and are formed into long, fine fibers. They are known for being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products like insulation.
Asbestos can be found in a variety of household and building products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes and other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These diseases have a lengthy duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.
Many people are worried about asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is disturbed. Examine the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a renovation that could affect it, you should check with an asbestos abatement specialist for a more thorough examination.
If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, you should seek advice from a physician. They can order a variety of tests to determine if there are symptoms that are related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with details on how to contact a contractor who can remove asbestos. You should also call an environmental inspector to examine your home. These professionals can test and visually inspect your home.
How to Get Asbestos Out
Asbestos is a safe material to remove, provided that the appropriate precautions are followed. Asbestos removal must be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must follow the federal and state regulations for the manner in which they do it. This includes covering and disposing of any waste from the project. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To avoid this, strict regulations have been put in place.
If asbestos is in good condition and isn't damaged, it is unlikely to cause health risks. However, it is advised that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos expert prior to beginning the work. This will allow the professional to determine if the material needs to be removed prior to commencing any work and will also ensure that it is handled, packaged and labeled, transported and disposed of according with government regulations.
Anyone who works with asbestos without a permit is violating the law, and violators are liable for heavy fines. If you suspect that asbestos has not been properly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into air, it is essential to keep the material wet throughout the removal process. Spraying the material prior to taking it off with a water/detergent spray can aid in this. After the asbestos is removed, it has to be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos in good condition with commercial products that fill holes and seal damage. They are available in stores which specialize in asbestos materials and safety items. Find out How to Remove Asbestos for more information on how to cover and dispose asbestos in a safe manner.