Is Asbestos Legal?
Congress has passed several incremental legislation plans, despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, as are mining companies. Laws vary state-to-state but generally, property owners must ensure that their buildings safe and warn workers of any dangers that could be present.
The Law
Asbestos is a class of naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers it can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. The symptoms may take 15 to 30 years to appear after exposure. Even today, asbestos is found in more than 3,000 items. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A professional can assist you in determining what needs to be done should asbestos be found in your property and will work with an abatement contractor if necessary.
It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove the defendant's guilt. In some cases, victims might be able seek damages on the basis 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 was intrinsically dangerous.
An asbestos lawyer can explain the various kinds of negligence and strict liability and can advise on whether this theory is applicable to your situation. The law also requires that employers provide safe working conditions and safety training for their employees. This obligation may extend to owners of buildings where asbestos is used when it is believed that those buildings are used by employees of a third party.
gary asbestos attorneys avoided the risk of liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system is criticized for its lack of transparency and since it doesn't cover future compensation.
Congress looked at, but did not pass legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have believed that asbestos was banned because it is no longer a widely used building material. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. This is an issue our lawyers and the rest of the world's anti-asbestos community continue to work on each day.
In 1989 the year 1989, EPA issued a regulation that prohibited the production, importation, and processing of asbestos-containing products. Chemical companies filed a lawsuit 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 then import it for other uses.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. The EPA made another significant step towards a complete ban in 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.
However, trade organizations are trying to stop the EPA's attempt to prohibit asbestos. These groups claim asbestos bans would affect the supply of chlorine in the country and claim that there are safer options than asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers who have ties to asbestos-related industries.
This is a battle our firm has been involved in for more than 15 years. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and harmful substance in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to tell if you 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 fire and chemicals. These properties made these materials useful in a range of industrial products, including insulation.
Asbestos can be found in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are some examples. Asbestos is also present in ceiling tiles, shingles as well as 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. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases can have a long latency time and sufferers may not show symptoms for 20 to 50 years after exposure.
Many people worry that they might have asbestos in their home. In most cases asbestos in good condition will not release fibers unless disturbed. Check the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel that could affect it, you must consult with an asbestos removal specialist for further examination.
If asbestos is in good condition, there is no reason why you should remove it from your home. If you are concerned about your health, consult a physician. They can order a variety of tests to determine whether you suffer from symptoms that are related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. Additionally states' laws oblige public employees to have the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with the information needed to contact a contractor who can remove asbestos. Contact an environmental inspection company to assess your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos removal is safe if you take the appropriate precautions. Asbestos removal must be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must follow federal and state regulations on how the work is carried out. This includes covering and disposing of all waste resulting from the project. The improper handling and disposal of asbestos can expose workers and others to asbestos-related diseases, such as lung cancer and mesothelioma. To prevent this strict rules have been enacted.
If asbestos is in good condition and will not be disturbed, it should not pose a health threat. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you start the work. This will let the professional know whether the material should be removed prior to commencing any work and will also ensure that it is handled, packaged in a way that is labeled, transported and disposed of according with government regulations.
It is unlawful for anyone to work on asbestos without a valid license Anyone who does not comply with these rules can face substantial fines. If you suspect that asbestos was improperly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the asbestos with a detergent or water mist prior to taking it away. Once the asbestos is removed, it is placed in large plastic bags or tarps double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof car.
Alternately small areas of asbestos in good condition can be covered with commercial products designed to make holes or seal the damage. These products are available at stores that specialize on asbestos materials and safety equipment. Find out How to Get Asbestos Out for more information on how to dispose and cover asbestos safely.