Is Asbestos Legal?
Congress has passed a number of incremental legislation plans, despite the fact that asbestos is still prohibited. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated and reviewed.
Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state however, generally property owners are required to keep their premises safe and inform workers of any dangers that could be present.
The Law
Asbestos is a class of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be found in over 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a licensed inspector should check the area. A professional can help you determine what steps to take when asbestos is found in your property and will collaborate with an abatement company should it be necessary.
It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain cases, victims can claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be established however, instead it relies on the fact that a product was dangerous in its own right.
stamford asbestos law firm can explain the different types of strict liability and negligence and can advise on whether this theory is applicable to your particular situation. Employers are also required to ensure safe working conditions for their employees as well as adequate education in safety. This obligation can be extended to building owners who employ asbestos if they are aware that third-party employees will use those buildings.
Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that do this are required to create "bankruptcy funds" which pay victims of injury pennies on the dollars of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't cover workers' future compensation.
Congress considered but could not approve, legislation that would have created an $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. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was banned because it is no longer a common building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to work daily on this issue.
The first step towards the ban was in 1989, when the EPA issued a regulation prohibiting the production, importation, and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court reversed most of the ban. Asbestos remains used in some manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for different purposes.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another major step towards a complete 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 prohibit asbestos. These groups argue that a ban could threaten the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case, and they are turning to lawmakers with ties to asbestos companies.
Our company has been fighting this fight for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and hazardous substance in the United States. This is a major step towards ensuring that there are no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to tell if you Are Suffering from Asbestos
Asbestos is minerals that occur naturally and are arranged into long, thin fibres. These minerals are renowned for their toughness, flexibility and resistance to chemicals and fire. These qualities made them suitable in a variety of industrial items, including insulation.
Because asbestos is so versatile, it is used in a variety of buildings and household products. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are but a few examples. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases like asbestosis or mesothelioma. These diseases can have a long latency time and sufferers may not notice symptoms for a period of 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. In most cases asbestos in good condition will not release fibres unless they are disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to remodel your house and alter the material in any way, you must consult an asbestos removal expert for a further inspection.
If asbestos is in good condition, there is no reason to eliminate it from your home. If you are concerned about your health, consult a physician. They can conduct a variety of tests to see whether you're experiencing symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. In addition states' laws require public employees to be provided with the same protections. If you work in an asbestos-rich building your employer must provide you with information on how to find a contractor that can remove asbestos. Contact an environmental company to evaluate your home. These professionals can test your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos is safe to remove as long as the proper precautions are followed. Asbestos removal should be done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos materials from their home, they must adhere to the federal and state regulations for how to complete the task. This includes covering up any waste generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos could expose people and workers to asbestos-related diseases, like lung cancer, and mesothelioma. This is why strict guidelines are in place to stop this from happening.
Asbestos in good condition that is not disturbed could be safe for health. However, it is recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos professional before starting the work. This will enable the professional to determine if the material needs to be removed prior to commencing any work. It will also ensure that it is handled, packaged and labeled before being transported and disposed of in accordance with government regulations.
It is illegal for anyone to work in asbestos without a license and those who break the rules are subject to severe fines. If you suspect that asbestos was not properly removed from your property, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into the air, it's important to keep the material hydrated throughout the removal process. This can be achieved by spraying the asbestos with a mist of detergent and water prior to removing it. Once the asbestos has been removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and removed in a leak-proof vehicle.
Additionally 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. They are available in stores that specialize in asbestos materials and safety products. Check out How to Remove Asbestos for more details about how to cover and dispose of asbestos in a safe manner.