Is Asbestos Legal?
Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated for risk and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, generally property owners must ensure that their premises safe and inform workers of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even in the present, asbestos can be present in over 3,000 different products. If you think your workplace or home might contain asbestos, an experienced inspector should examine the area. A professional can determine what you should do should asbestos be present within your home or workplace and can work with a contractor if needed.
It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types and advise you if this theory applies to your particular situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate training in safety. This requirement can also apply to the owners of buildings where asbestos is utilized in the event that it is established that the buildings are utilized by employees of third parties.
Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay victims pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it does not cover workers' future compensation.
Congress considered, but did not pass, legislation that would have created a $140 billion trust fund for asbestos as a substitute for litigation. This bill would have taken money reserved by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, roswell asbestos lawyer didn't get the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in building materials, and many Americans may have assumed that the mineral was prohibited. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos has been proven to cause cancer in any quantity. This is a matter that our lawyers and the rest of the world's anti-asbestos community continue to work on each day.
The first step toward prohibition came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the material and purchase it from mining operations.
In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos has been added to the list of substances that require a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued an order that bolstered the agency's abilities to prevent asbestos-containing products from returning to the marketplace.
However, trade organizations are once again trying to stop the EPA's efforts to prohibit asbestos. They claim that asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are better alternatives than asbestos. They have hired experts and consultants to to make their case, and they are turning to lawmakers who have ties to asbestos companies.
This is a battle that our firm has been involved in for over 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is an important step to ensure that no other Americans will suffer the same fate as millions of men, women and children who have been diagnosed with mesothelioma.
How to Know if You Have Asbestos
Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to chemical and fire. These qualities made them useful in a range of industrial products such as insulation.
Because asbestos is so versatile, it's employed in a myriad of household and commercial products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for pipes, furnaces and other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These lung diseases have a long period of time before they manifest, and the victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are worried about asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a renovation that could cause damage to it, you should consult with an asbestos removal specialist to conduct an additional examination.
If asbestos is in good health, there is no need to eliminate it. Consult your doctor if you are worried about your health. They can perform various tests to determine if there are symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public place where you are exposed asbestos, your employer must provide details on how to contact an asbestos abatement contractor. Contact an environmental company to assess your home. These professionals can test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos is safe to remove provided that the proper precautions are followed. This is why asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering and disposing of any waste from the project. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases, including lung cancer and mesothelioma. To prevent this strict regulations have been enacted.
If asbestos is in good condition and has not been disturbed, it may not cause health risks. However, it is recommended that you have any ACM that is likely to be affected through demolition or renovations inspected by an asbestos expert prior to starting the work. This will let the professional know whether the material requires to be removed prior to commencing any work. They will also ensure that it is handled, packaged in a way that is labeled, transported and then disposed of in accordance with government regulations.
It is illegal to work on asbestos without a valid license, and those who violate these rules can face substantial fines. If you suspect that improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
In the process of removing asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to removing it. Once the asbestos has been removed, it has to be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.
Alternatively small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal any damage. They are available in stores that specialize in asbestos products and safety products. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.