Is Asbestos Legal?
Congress has passed a number of incremental legislation plans despite the fact asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state, but in general property owners are required to keep their buildings safe and warn employees of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that once were popular in construction due to its fire-resistant chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be present in more than 3,000 different products. A qualified inspector should be able to inspect your home or work place if you suspect that it might contain asbestos. A professional can advise you on what needs to be done in the event that asbestos is present in your home and will collaborate with an abatement contractor when needed.
It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence can be difficult. In some instances, victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that the product was inherently hazardous.
An asbestos lawyer can explain the different types of negligence and strict liability and advise you on whether this theory is applicable to your particular situation. The law also requires employers to provide secure working conditions and safety education to employees. This requirement can also apply to the owners of buildings where asbestos is used in the event that it is established that the building will be utilized by third party employees.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't cover workers' future compensation.
Congress considered but failed to pass legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was banned because it is no longer a commonly used building material. However it's true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day on this issue.
The first step toward the ban was in 1989 when the EPA issued a regulation prohibiting the importation, manufacturing and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and then import it for other uses.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos is now on the list that requires a risk assessment. san mateo asbestos attorney took another major step towards a ban in 2019 when it published an official rule that enhances the agency's ability to stop asbestos-containing items from returning to the market.
Trade groups are attempting to stop the EPA's efforts to ban asbestos. They argue that a ban would jeopardize the nation's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case and are now turning to legislators who have ties to asbestos's industry.
This is a fight that our firm has been involved in for over 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and harmful substance in the United States. This is a huge step towards ensuring that no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to tell if you have asbestos
Asbestos is minerals that are found naturally and are laid out into long, thin fibers. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These properties made them useful in a number of industrial products, such as insulation.
Because asbestos is so versatile, it's used in a wide range of household and building items. 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 or shingles, insulation for furnaces, pipes, and other common building materials.
When asbestos is disturbed it releases harmful fibres into air. Inhaling the fibers can trigger serious lung diseases, such as asbestosis or mesothelioma. These illnesses can have a long latency time and sufferers may not show symptoms for up to 20 years following exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos that is in good condition is unlikely to release any fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you intend to make changes to your home or disturb it in any way, seek out an asbestos abatement professional for a thorough examination.
If asbestos is in good condition, there is no need to eliminate it. Consult your doctor if you are worried about your health. They can order a variety of tests to see whether you're experiencing symptoms associated with asbestos 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-rich building, your employer must provide you with information on how to connect with a contractor who can remove asbestos. Contact an environmental inspection company to examine your home. They can conduct a test on your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is safe provided you follow the correct precautions. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must abide by state and federal regulations regarding the manner in which they do it. This includes properly covering all waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos can expose people and workers to asbestos-related diseases such as lung cancer and mesothelioma. This is why strict rules are in place to prevent this from happening.
Asbestos that is in good shape and is not disturbed could not pose any health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you start the work. This will allow a professional to determine whether the material requires removal prior to beginning any work. It will also ensure it is properly handled wrapped, labeled, and shipped in accordance with the regulations of the government.
It is illegal to work with asbestos without a license anyone who is in violation of the rules are subject to severe fines. If you suspect that an improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.
To reduce the release of fibers into the air, it is important to keep the material moist throughout the removal process. This can be achieved by spraying the material with a detergent or water mist prior to removing it. After the asbestos is removed, it needs to be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition using commercial products that seal holes and repair damage. These are available at stores that specialize in asbestos materials and safety equipment. For more information about how to cover asbestos and dispose of it Learn How to Remove Asbestos.