Is Asbestos Legal?
Congress has approved several incremental legislation proposals despite the fact asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review.
In addition to mining companies, property owners can be held responsible for asbestos-related injuries. State laws differ however, in general, property owners must keep their buildings safe and warn workers of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is still present in more than 3,000 different products. If you think your home or workplace may contain asbestos, an experienced inspector should inspect the area. A qualified professional can help you decide what you should do should asbestos be present in your home or workplace and work with a contractor when needed.
It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It is often difficult to prove the fault of a defendant. In some instances, the victims may seek compensation under a doctrine of strict liability. charleston asbestos lawsuit of claim eliminates any need to prove four elements of negligence and relies instead on the fact that the product is inherently dangerous.
An asbestos lawyer can explain strict liability, negligence, and the various types of negligence and inform you if this theory applies in your situation. The law also requires that employers provide secure working conditions and safety training for their employees. This obligation could be extended to building owners who employ asbestos if they are aware that employees from other companies will be using those buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that make this decision are required to create "bankruptcy funds" which pay victims of injury pennies based on their previous losses. 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 a bid to protect the public, Congress has considered but was unable to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and many Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the world's anti-asbestos activists continue to fight every day on this issue.
The first step toward the ban was in 1989, when the EPA issued a rule banning the importation, manufacturing and processing of most asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other uses.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos has been added to the list of chemicals that require an assessment of risk. The EPA took another major step toward a ban in 2019, when it announced a final rule that strengthens the agency's capacity to stop asbestos-containing products from resurfacing on the market.
However, trade groups are once again trying to stop the EPA's plan to stop asbestos from being used in construction. These groups argue that a ban would jeopardize the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are now looking to lawmakers with ties to asbestos companies.
Our firm has been fighting this fight for more than 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a significant step in ensuring that nobody else Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.
How to tell if you Have Asbestos
Asbestos is an assortment of naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products including insulation.
Because asbestos is so versatile, it is used in a variety of household and commercial products. Some examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found on ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases can have a long latency time and sufferers might not experience symptoms for 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is agitated. Check the material for water damage, abrasions, or tears. If the material appears to be slightly damaged, or if you plan to remodel your house and alter it in any way, it is recommended to consult an asbestos abatement specialist to conduct a more thorough inspection.
If asbestos is in good condition there is no need to eliminate it. If you are concerned about your health, consult with a physician. They can recommend a range of tests to determine whether you are suffering from symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing structure, your employer must provide you with the information needed to find a contractor that can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos removal is safe if you take the proper precautions. Because of this, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, they must follow all federal and state regulations. This includes covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos could expose people and workers to asbestos-related ailments, like lung cancer, and mesothelioma. This is why strict guidelines are in place to stop this from happening.
Asbestos in good condition that will not be disturbed may not pose a health risk. However, it is highly recommended that you have any ACM that could be affected through demolition or renovations inspected by an asbestos professional before beginning the work. This will enable a professional to determine whether the material requires removal prior starting any work. It will also make sure that it is properly handled properly, packed, labeled, and shipped in accordance with the regulations of the government.
Anyone who is working with asbestos without a permit is violating the law and those who violate it are subject to heavy penalties. If you suspect that improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.
In the process of removing asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to removing it. Once asbestos has been removed, it is stored in plastic bags or tarps that have been double-wrapped and sealed by tape. This material should be clearly labeled as asbestos waste and disposed of in a leak-proof vehicle.
Alternatively small areas of asbestos that are in good condition can be coated with commercial products designed to repair holes and seal damages. These products are sold in stores that specialize on asbestos materials and safety equipment. For more details on how to properly cover asbestos and dispose of it read How to Remove Asbestos.