Is Asbestos Legal?
Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of them, 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.
Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state however, generally property owners must ensure that their structures safe and inform workers of potential dangers.
The Law
Asbestos is an assortment of minerals that are naturally occurring. It was once used in construction since it was fire-resistant, chemical corrosion resistant, and insulation. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even today, asbestos is still found in over 3,000 different products. A certified inspector should examine your workplace or home when you suspect it may contain asbestos. A professional can help determine what steps to take should asbestos be found within your home or workplace and collaborate with an abatement company should it be necessary.
You can file a suit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some instances, the victims may claim damages under a theory of strict liability. This type of claim does not 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 provide a clear explanation of strict liability, negligence and the different types of liability and help you if this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and adequate safety training to employees. This obligation may extend to owners of buildings where asbestos is used when it is determined that the building are utilized by employees of third parties.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not provide workers with future compensation.
To protect the public, Congress has considered but failed to approve legislation that would create a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have believed that asbestos was prohibited because it is no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos community continue to tackle every single day.
In 1989 the year 1989, the EPA issued a rule that prohibited the manufacture, importation and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court overturned most of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA made another significant step towards a ban 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from returning to the market.
However, trade groups continue to stop the EPA's efforts to ban asbestos. The trade groups argue that a ban would jeopardize the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to aid them in making their case. They're also reaching out to lawmakers who have ties to asbestos.
This is a battle our company has been involved in for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is an important move to ensure that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is an assortment of naturally occurring minerals that are placed in thin, long fibers. They are known for being tough, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.
Because asbestos is so versatile, it is used in a variety of household and industrial products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These lung diseases have a long time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Most of the time asbestos in good state will not release any fibers unless disturbed. Inspect the material for water damage, abrasions, or tears. If laredo asbestos attorney appears to be damaged or you are planning to remodel your home which could impact it, you should speak with an asbestos abatement specialist for further inspection.
If asbestos is in good health, there is no need to remove it. Talk to your doctor if are worried about your health. They can perform a variety of tests to determine whether you're experiencing symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers 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 to asbestos, your employer must provide information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to examine your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe provided you take the appropriate precautions. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must follow the federal and state regulations for how the work is done. This includes properly covering any waste generated by the project, and then disposing of it. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related illnesses, like lung cancer and mesothelioma. This is why strict regulations are in place to prevent this from happening.
Asbestos that is in good condition and can't be disturbed may not pose any health risk. It is however recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos expert prior to commencing the work. This will allow a professional to determine whether the material requires abatement before starting any work. It will also ensure it is handled properly, packed, labeled, and transported according to the government regulations.
Anyone who works with asbestos without a permit violates the law. Those who break it are subject to heavy fines. If you suspect that an improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
To minimize the release of fibers into air, it is important to keep the material damp during the removal process. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it off. Once the asbestos has been removed, it needs to be put into plastic bags or tarps that are double-wrapped with tape. This material must be clearly marked as asbestos waste and then disposed in a leak-proof vehicle.
In addition small areas of asbestos that are in good condition can be covered with commercial products that are designed to repair holes and seal damages. These are available at stores that specialize in asbestos materials and safety items. See How to Remove Asbestos for more details on how to cover and dispose of asbestos safely.