Is Asbestos Legal?
Although asbestos is still banned, numerous legislative proposals for incremental legislation have churned through Congress. One of them proposed legislations, 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. Laws vary by state, but in general property owners are required to keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is an assortment of naturally occurring minerals. It was previously used in construction because it was fire resistant as well as chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is present in over 3,000 different products. If you believe your workplace or house may contain asbestos, a certified inspector should check the area. A professional can help determine what should be done should asbestos be found on your property and work with an abatement contractor in the event of a need.
You can file a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence is a challenge. In some cases, victims might be able seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established and instead relies on the fact that a product was dangerous in its own right.
An asbestos lawyer can explain the various types of strict liability and negligence and will advise you on whether this theory applies to your case. Employers are also required to ensure safe working conditions for their employees and provide adequate training in safety. This obligation could be extended to building owners who employ asbestos, if they are aware third-party employees will use the buildings.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do this are required to fund "bankruptcy funds" which pay victims of injury pennies for their losses in the past. This system has been criticized for its lack of transparency as well as the fact that it doesn't pay future workers' compensation.
Congress looked at, but did not pass, legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. This legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in building materials, and some Americans might have believed 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. This is an issue our lawyers and the rest of the international anti-asbestos campaign continue to work on each day.
The first step toward an end to the ban came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of all asbestos-containing products. However, the chemical industry sued and the court reversed most of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and purchase it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. The EPA made another significant step towards a ban 2019, when it announced an official rule that enhances the agency's capacity to stop asbestos-containing items from returning to the market.
However, trade groups continue to stop the EPA's plan to stop asbestos from being used in construction. They argue that a ban would jeopardize the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help them build their argument. They're also looking on lawmakers who have connections to asbestos.
This is a battle that our company has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a crucial step toward ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have been 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 materials are regarded as being tough, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products such as insulation.
Asbestos can be found in a variety of building and household products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These illnesses 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 concerned that they have asbestos in their home. Asbestos that is in good condition is unlikely to release any fibers until it is disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you are planning to remodel your house and alter the material in any way, consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good shape there is no reason why you should remove it from your home. If you are concerned about your health, consult with a physician. They can perform various tests to determine if you suffer from symptoms relating to asbestos exposure.
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 also receive the same protection. If you work in a public facility where you are exposed asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos is safe to remove provided that the appropriate precautions are followed. For this reason, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering up any waste generated by the project and disposing it. Incorrectly handling and disposing of asbestos can expose workers and the public to asbestos-related illnesses, like lung cancer, and mesothelioma. To avoid this strict guidelines have been put in place.
Asbestos in good health that won't be disturbed might not pose any health risks. It is however recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos expert prior to beginning any work. This will allow the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is handled, packed and labeled, transported and disposed of in compliance with government regulations.
It is illegal for anyone to work on asbestos without a valid license, and those who violate these rules face large fines. If you suspect that asbestos has not been properly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into the air, it is important to keep the material moist during the removal process. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to taking it away. After the asbestos is removed, it must be placed in thick plastic bags or tarps which are double-wrapped with tape. delaware asbestos lawsuit must be clearly marked as asbestos waste and removed in a leak-proof vehicle.
In addition small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal damage. These products are sold in stores that specialize on asbestos materials and safety equipment. Check out How to Get Asbestos Out for more information on how to cover and dispose of asbestos in a safe manner.