Is Asbestos Legal?
Although asbestos is still banned numerous legislative proposals for incremental legislation have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority 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, but generally property owners are required to keep their buildings secure and warn employees of any risks that might be present.
The Law
Asbestos is an assortment of naturally occurring minerals. It was previously employed in construction because it was fireproof, chemical corrosion resistant, and insulating. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3000 products. If you are concerned that your workplace or house may contain asbestos, a certified inspector should check the area. A professional can assist you in determining what steps to take if this material is present on your property and work with an abatement contractor if necessary.
You can bring a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In some cases, victims might be able to pursue damages under the theory of strict liability. This type of claim removes the need to prove the four elements of negligence, and relies instead on the fact that the product was dangerous.
An asbestos lawyer can explain the different kinds of negligence and strict liability and will be able to advise you if this theory is applicable to your case. The law also requires employers to provide safe working conditions and safety training to employees. This obligation could extend to the owners of buildings that are constructed with asbestos in the event that it is established that the buildings are used by employees of a third party.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't provide workers with future compensation.
In an effort to safeguard the public, Congress has considered but failed to pass legislation that would create a $140 billion asbestos trust fund in lieu of litigation. The bill would have tapped funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was banned because it's no longer a widely used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos campaign continue to fight every day.
The first step toward an end to the ban came in 1989, when the EPA issued a rule banning the manufacturing, importation and processing of most asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos remains used in a variety of manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other uses.
In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require an assessment of risk. In the year 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the marketplace.
Trade groups are attempting to stop the EPA's attempt to prohibit asbestos. They argue that the ban on asbestos will harm the nation's supply of chlorine and claim that there are safer options than asbestos. They have hired consultants and experts to assist them in making their argument. They are also turning on lawmakers who have connections to asbestos.
This is a war that our firm has been involved in for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly 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 determine if you have asbestos
Asbestos is made up of an assortment of minerals that are naturally occurring and are organized into long, thin fibres. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products including insulation.
Because asbestos is so versatile, it is used in a myriad of household and commercial products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos can also be 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 fibres into air. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. These diseases may be extremely latency-prone, and victims may not show symptoms for 20 to 50 years following exposure.
Many people are worried that they may have asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is damaged. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you're planning to remodel your home and alter the material in any way, you must consult an asbestos removal expert for a thorough examination.
If asbestos is in good shape, there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can order a variety of tests to determine if you suffer from symptoms that are related to exposure to asbestos.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should provide details on how to reach an asbestos abatement contractor. Contact an environmental company to assess your home. These professionals can test and visually inspect your home.
How to Get Asbestos Out
Asbestos is safe to remove as long as the proper precautions are taken. Asbestos removal is best performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must abide by state and federal regulations regarding how to complete the task. This includes covering up every waste product generated during the project and properly disposing of it. The improper handling and disposal of asbestos can expose workers and others to asbestos-related illnesses, such as lung cancer and mesothelioma. To stop this from happening strict regulations have been enacted.
Asbestos in good condition that won't be disturbed might be safe for health. However, it is highly recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos professional before commencing the work. This will allow an expert to determine whether the material requires removal prior to starting any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and transported according to the government regulations.
Anyone who works with asbestos without a permit violates the law and those who violate it are subject to heavy penalties. 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.
When removing asbestos, the material needs to be kept wet constantly to minimize the release of airborne fibers. Spraying the asbestos prior to getting rid of it using a detergent or water spray can help in this. Once asbestos has been removed, it must be placed in thick plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition with commercial products that can fill holes and seal damages. These products are sold in stores that specialize on asbestos materials and safety equipment. For idaho asbestos lawyer on how to properly cover asbestos and dispose of it read How to Remove Asbestos.