Is Asbestos Legal?
Although asbestos is still banned numerous legislative proposals for incremental legislation have churned through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be evaluated and reviewed.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, in general, property owners must ensure that their structures safe and inform workers of any dangers that could be present.
The Law
Asbestos is a range of minerals that are naturally occurring. It was once used in construction as it was fireproof, chemical corrosion resistant, and an insulator. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is still present in more than 3,000 different products. A qualified inspector should check your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what steps to take should asbestos be present in your workplace or at home and will collaborate with a contractor if needed.
You can bring a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence can be difficult. In some instances, the victims may claim damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and relies instead on the fact that the product is inherently dangerous.
An asbestos lawyer can explain the various types of strict liability and negligence and can advise on whether this theory is applicable to your case. Employers are also required to provide safe working conditions to their employees and adequate education in safety. This requirement can also apply to the owners of buildings that are constructed with asbestos if it is known that the buildings are used by employees of a third party.
Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to provide "bankruptcy funds" which pay victims of injury pennies on their losses in the past. This system has been criticized for its lack of transparency as well as the fact that it does not provide workers with future compensation.
In an effort to safeguard the public, Congress has considered but did not pass legislation to establish a $140 billion asbestos trust fund in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in construction materials, and many Americans may have assumed that the mineral was prohibited. However the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos is known to cause cancer in any amount. This is an issue that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day.
The first step toward an end to the ban came in 1989 when the EPA issued a rule banning the production, importation, and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and buy it from mining operations.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another step towards a ban 2019 when it published a final rule that bolsters the agency's ability to prevent asbestos-containing products from returning to the market.
greensboro asbestos attorney continue to stop the EPA's plan to stop asbestos from being used in construction. They argue that a ban would threaten the nation's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to aid them in making their case. They're also looking to lawmakers who have ties to asbestos.
Our firm has been fighting this fight for more than 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to tell if have asbestos
Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are known for their strength, flexibility and resistance to chemical and fire. These properties made them useful in a number of industrial products, like insulation.
Because asbestos is extremely versatile, it's utilized in a variety of household and commercial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces and other building materials commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases may be extremely latency-prone and patients might not experience symptoms for 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is agitated. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you're planning to remodel your home and alter it in any way, you must consult an asbestos removal expert for a thorough examination.
If asbestos is in good condition there is no need to get rid of it. See your doctor if are worried about your health. They can order various tests to determine if you have symptoms related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment in which you are exposed to asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. These professionals can test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos is safe to remove as long as the proper precautions are taken. Asbestos removal should be done by experts who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos materials from their home, they must adhere to federal and state regulations on how the work is done. This includes covering up any waste generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases, like lung cancer, and mesothelioma. This is why strict regulations are in place to prevent this from happening.
If asbestos is in good condition and has not been disturbed, it should not pose a health threat. However, it is recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before commencing the work. This will allow a professional to determine if the material requires removal prior commencing any work. It also helps ensure it is handled in a safe manner, packaged, labeled and shipped in accordance with the government regulations.
Anyone who uses asbestos without a permit is violating the law, and those who do are liable for heavy fines. If you suspect improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
To limit the release of fibers into air, it is essential to keep the material hydrated during the removal process. This can be achieved by spraying the material with a detergent or water mist prior to taking it away. After the asbestos is removed, it has to be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.
You can also protect small areas of asbestos that are in good condition with commercial products that fill in holes and seal any damage. These are products can be found in stores that specialize in asbestos-related products and safety equipment. Learn How to Get Asbestos Out for more information on how to dispose and cover asbestos safely.