Is Asbestos Legal?
Congress has passed several incremental legislations despite the fact asbestos is still banned. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.
Property owners are also responsible for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state however, in general, property owners must keep their structures safe and inform workers of any dangers that could be present.
The Law
Asbestos is a variety of naturally occurring minerals. It was previously used in construction because it was fire-resistant as well as chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could appear 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 steps to take when asbestos is found on your property and work with an abatement contractor should it be necessary.
It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of liability and tell you if this theory applies to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training for employees. This requirement can be extended to building owners who employ asbestos if they are aware that employees from third parties will be using the buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" which pay injured victims pennies on their losses in the past. This system has been criticized for its lack of transparency as well as the fact that it doesn't guarantee future compensation for workers.
pasadena asbestos attorneys looked at but could not approve, legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. This bill would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by corporations or victims' advocates.
Is Asbestos Banned in the U.S.?
Many Americans might have believed asbestos was banned since it is no longer a widely used building material. However, the United States is one of the few industrialized countries that does not ban asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the rest of the international anti-asbestos movement continue to work on every day.
The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. However chemical companies sued and the court upheld most of the ban. Asbestos is still used in some manufacturing processes, and it's still legal for companies to purchase the material from mining operations and then import it for other uses.
In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list that requires an assessment of risk. In the year 2019, EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency's ability to stop asbestos-containing products from returning to the marketplace.
Trade groups are trying to block the EPA from prohibiting asbestos. These groups argue that a ban would threaten the chlorine supply in the country and argue that there are safer alternatives to asbestos. They have hired consultants and experts to assist them in making their argument. They are also reaching out to lawmakers with ties to asbestos.
Our company has been fighting this battle for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the dangerous and deadly substance in the United States. This is an important step towards ensuring that there are no more 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 minerals that naturally occur and are organized into long, thin fibres. 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 such as insulation.
Because asbestos is so versatile, it is used in a variety of household and industrial items. Examples include floor tiles made of vinyl, insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces as well as other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases can have a long latency time and patients may not be symptomatic for up to 20 years following exposure.
Many people are worried that they may have asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is agitated. Examine the material for water damage, abrasions or tears. If the material appears slightly damaged or if you're planning to remodel your house and disturb it in any way, consult an asbestos abatement specialist for a second inspection.
If asbestos is in good shape, there is no need to remove it. Talk to your doctor if are concerned about your health. They can order a variety of tests to determine whether you suffer from symptoms that are related 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 an asbestos-containing facility, your employer must provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to assess your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos can be safely removed provided that the appropriate precautions are taken. Because of this, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos-containing materials from their house, they must comply with state and federal regulations regarding how the work is carried out. This includes covering all the waste produced by the project and disposing it. Incorrectly handling and disposing of asbestos can expose workers and others to asbestos-related ailments, such as lung cancer and mesothelioma. To avoid this strict guidelines have been put in place.
If asbestos is in good condition and is not affected, it will not be a 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 an expert to determine whether the material requires abatement before starting any work. It will also ensure that it is properly handled in a safe manner, packaged, labeled and shipped in accordance with the regulations of the government.
It is unlawful for anyone to work in asbestos without a license and those who break these rules can face substantial fines. If you suspect that asbestos has not been properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into air, it is important to keep the material hydrated during the removal process. Spraying the material prior to getting rid of it using a detergent or water spray will help achieve this. After the asbestos has been removed, it has to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
Additionally, small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal any damage. These products are available at stores that specialize on asbestos-related products and safety gear. For more details on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.