Is Asbestos Legal?
Congress has passed several incremental legislations, despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA’s priority list of chemicals to be evaluated and reviewed.
In addition to mining businesses, property owners may also face liability for asbestos-related injuries. Laws vary state-to-state, but in general property owners must ensure that their buildings safe and notify workers of any dangers that could be present.
The Law
Asbestos is a range of naturally occurring minerals. It was previously used in construction because it was fire-resistant as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, lung cancer and asbestosis. After exposure, symptoms may appear 15-30 years later. Even today, asbestos is found in more than 3,000 items. If you think your home or workplace may contain asbestos, an experienced inspector should be able to inspect the area. A professional can assist you in determining what should be done when asbestos is found within your home or workplace and work with an abatement contractor in the event of a need.
It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant’s negligence can be difficult. In certain cases, victims may seek damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product was inherently dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types and advise whether this theory applies in your case. The law also requires employers to provide safe working conditions and safety education to employees. This obligation could be extended to owners of buildings who use asbestos, if they are aware third-party employees will use the structures.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do so are required to fund special “bankruptcy trusts” which pay injured victims pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.
Congress considered but did not adopt, legislation that would have created the $140 billion trust fund for asbestos as a substitute for litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it didn’t receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos isn’t as widespread in construction materials, and a lot of Americans might have assumed that asbestos was banned. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the rest the world’s anti-asbestos movement continue to work day in and day out to address this issue.
The first step towards an end to the ban came in 1989, when the EPA issued a rule prohibiting the importation, manufacturing and processing of most asbestos-containing products. However, the chemical industry sued and the court upheld most of the ban. Asbestos is still used in a few manufacturing processes. It’s legal for companies to import the substance and buy it from mining companies.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list of substances that require an assessment of risk. The EPA took another major step toward a ban in 2019 when it published a final rule that bolsters the agency’s capacity to stop asbestos-containing products from resurfacing on the market.
However, trade organizations continue to stop the EPA’s efforts to ban asbestos. They argue that a ban could threaten the country’s supply of chlorine and claim that there are safer alternatives to asbestos. They have hired consultants and experts to help them build their argument. They’re also looking on lawmakers who have connections to asbestos.
Our firm has been fighting this battle for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a major step to ensure that there is no longer a chance for Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is made up of minerals that naturally occur and are formed into long, fine fibers. They are known for being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products, including insulation.
Asbestos is used in many different types of building and household products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles, shingles, insulation for pipes, furnaces, as well as other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These lung diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people worry that they have asbestos in their home. Most of the time asbestos in good state will not release any fibers unless disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material is damaged or you are planning a home remodel which could impact it, you must consult with an asbestos specialist for a more thorough inspection.
If asbestos is in good health, there is no need to remove it. See your doctor if are worried about your health. They can recommend a range of tests to determine whether you are suffering from symptoms related to asbestos law exposure.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building your employer is required to provide you with information on how to find a contractor that can remove asbestos. You should also contact an environmental inspection firm to assess your home. They will test your home and Asbestos Legal conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is safe if you take the right precautions. As a result, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, they must adhere to all federal and state regulations. This includes covering up all waste generated by the project and disposing it. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. To stop this from happening, strict regulations have been enacted.
If asbestos is in good shape and isn’t affected, it will not cause health risks. However, it is highly recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos professional before beginning the work. This will allow a professional to determine whether the material requires removal prior starting any work. It also helps ensure it is handled properly, packed, labeled, and transported according to the guidelines of the government.
Anyone who works with asbestos without a permit violates the law, and violators face severe fines. If you suspect that asbestos was not properly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into the air, it is essential to keep the material moist throughout the removal process. Spraying the asbestos prior removal with a detergent or water spray will aid in this. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste and removed in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos that are in good condition with commercial products that can fill holes and seal damages. These are sold at stores which specialize in asbestos materials and safety products. For more details on how to properly cover and dispose of asbestos Learn How to Remove Asbestos.