Is Asbestos Legal?
Congress has approved a variety of incremental legislation proposals, despite the fact that asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. State laws differ however, in general, property owners are required to keep their buildings safe and warn workers of the potential hazards.
The Law
Asbestos is a group of naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can cause serious health issues like mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 different products. If you think your workplace or home might contain asbestos, a certified inspector should be able to inspect the area. A professional can assist you in determining what needs to be done if this material is present in your property and will work with an abatement professional when needed.
You may file a lawsuit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proved and instead relies on the fact that the product was dangerous in its own right.
An asbestos lawyer can explain the different kinds of strict liability and negligence and advise you on whether this theory is applicable to your case. Employers are also required to ensure safe working conditions for their employees and provide adequate education in safety. This obligation can extend to the owners of buildings where asbestos is utilized in the event that it is established that the buildings will be utilized by third party employees.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that make this decision are required to provide "bankruptcy funds" which pay injured victim's pennies based on their losses in the past. This system is often criticized for the lack of transparency, as well because it does not provide future compensation.
Congress was able to consider but failed to pass, legislation that would have created the $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't receive 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 might have believed asbestos was banned. The United States is one the few industrialized countries that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work daily on this issue.
The first step towards the ban was in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical industry filed a suit and the court overturned most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos is now on the list of substances that require an assessment of risk. The EPA took another major step towards a ban 2019, when it released an official rule that enhances the agency's capability to prevent asbestos-containing products from coming back onto the market.
However, trade organizations are trying to stop the EPA's attempt to stop asbestos from being used in construction. These groups claim that a ban would jeopardize the chlorine supply in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help to make their case and are looking to legislators who have ties to asbestos's industry.
Our firm has been fighting this fight for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates 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 already been diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
Asbestos is one of the naturally occurring minerals that are arranged in thin, long fibers. These materials are well-known for their flexibility, strength and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products including insulation.
Because asbestos is so versatile, it is used in a variety of household and building products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces, as well as other common building materials.
When asbestos is disturbed it releases harmful fibers into the atmosphere. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged, or if you plan to remodel your home and disturb it in any way, consult an asbestos abatement specialist for a further inspection.
If asbestos is in good health there is no need to eliminate it. See your doctor if are worried about your health. They can conduct various tests to determine if you have symptoms related to exposure to asbestos.
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 receive the same protection. If you work in an asbestos-rich building, your employer must provide you with details on how to find a contractor that can remove asbestos. You should also seek out an environmental inspection company to assess your home. The experts can inspect your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos removal is safe if you take the proper precautions. Asbestos removal should be done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, he or she must follow all state and federal regulations. This includes covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos can expose workers and the general public to asbestos-related illnesses, such as lung cancer and mesothelioma. This is why strict rules are in place to stop this from happening.
If asbestos is in good shape and isn't disturbed, it should not be a health risk. However, it is highly recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos expert prior to beginning any work. This will allow the professional to determine whether the material should be abated before starting any work. It will also ensure that it is handled, packed, labeled, transported, and disposed of in compliance with the regulations of the government.
Anyone who is working with asbestos without a permit is breaking the law, and those who do are liable for heavy fines. 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 local or state department of environmental quality.
To reduce the release of fibers into the air, it is crucial to keep the material moist throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray can help in this. Once everett asbestos lawyer is removed, it needs to be placed in large plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.
Alternatively small areas of asbestos in good condition can be covered with commercial products designed to make holes or seal the damage. They are available in stores that specialize in asbestos products and safety equipment. Check out How to Get rid of Asbestos to learn more on how to cover and dispose asbestos safely.