Is Asbestos Legal?
Congress has approved a variety of incremental legislation proposals despite the fact that 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 to be evaluated for risk and review.
Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, generally property owners must keep their buildings safe and notify workers of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once popular in construction due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is present in over 3,000 different products. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A professional can advise you on what to do when asbestos is found within your home or workplace and can work with a contractor if needed.
It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some cases, victims can claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead relies on the fact that a product was inherently dangerous.
An asbestos lawyer can provide information on the various kinds of strict liability and negligence and will be able to advise you if this theory applies to your particular situation. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This obligation can be extended to owners of buildings who employ asbestos when they are aware that employees from other companies will be using those buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. The system is criticized for its lack of transparency, as well since it doesn't cover future compensation.
In an effort to safeguard the public, Congress has considered but did not 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 did not get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought asbestos was banned since it is no longer a widely used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work every day on this issue.
In 1989 the year 1989, EPA issued a rule that prohibited the manufacture, importation and processing of asbestos-containing products. However chemical companies sued and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and buy it from mining companies.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In the year 2019, EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's ability to stop asbestos-containing products from resurfacing on the market.
However, trade organizations are trying to block the EPA's effort to ban asbestos. The trade groups argue that a ban could threaten the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. hawthorne asbestos lawsuit have hired experts and consultants to help argue their case and are looking to lawmakers with ties to asbestos-related industries.
Our firm has been fighting this fight for more than 15 year. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and hazardous substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. They are known for being tough, flexible and resistant to fire and chemicals. These properties made them useful in a variety of industrial products, like insulation.
Asbestos is a component in many different types of household and building products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these microscopic fibers may enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These diseases may have a long latency time, and victims may not show symptoms for a period of 20 to 50 years after exposure.
Many people are concerned about asbestos in their home. Asbestos that is in good condition is unlikely to release fibers until it is disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you intend to remodel your home and disturb it in any way, it is recommended to consult an asbestos removal expert for a thorough examination.
If asbestos is in good condition, there is no reason to remove it from your home. If you are concerned about your health, consult a doctor. They can order various tests to determine if you suffer from symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental company to assess your home. They can conduct a test on your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is safe when you follow the correct precautions. Because of this, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos-containing materials from their home, they must adhere to the federal and state regulations for how to complete the task. This includes covering all the waste produced by the project and disposing it. Incorrectly handling and disposing of asbestos could expose workers and others to asbestos-related illnesses, like lung cancer and mesothelioma. This is why strict guidelines are in place to prevent this from happening.
If asbestos is in good shape and has not been affected, it will not pose a health risk. However, it is highly recommended that you have any ACM which is affected through demolition or renovations examined by an asbestos professional before starting the work. This will let the professional know if the material needs to be removed prior to beginning any work and will also ensure that it is handled, packed and labeled before being transported and disposed of in compliance with government regulations.
Anyone who works with asbestos without a permit is violating the law, and those who do are liable for heavy fines. If you suspect that an improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.
During the removal of asbestos, the material must be kept moist all the time to limit the release of airborne fibers. Spraying the material before taking it off with a water/detergent spray can help in this. After the asbestos is removed, it needs to be put into plastic bags or tarps which are double-wrapped with tape. This material should be clearly labeled as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos in good condition by using commercial products that seal holes and repair damage. These products are sold in stores that specialize in asbestos-related products and safety gear. For more details on how to properly cover asbestos and dispose of it Learn How to Remove Asbestos.