Is Asbestos Legal?
While asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's prioritization list of chemicals for risk assessment and review.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws differ between states, however, generally, property owners are required to ensure their buildings are secure and warn workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is present in over 3,000 different products. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A professional can advise you on what should be done when asbestos is found in your property and will work with an abatement professional in the event of a need.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, victims may seek compensation under a doctrine of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and relies instead 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 whether this theory applies to your situation. The law also requires that employers provide safe working conditions as well as adequate safety training for employees. This obligation could extend to the owners of buildings where asbestos is used in the event that it is established that the building are used by third party employees.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" that pay victims of injury 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 cover workers' future compensation.
To protect the public, Congress has considered but failed to approve legislation that would have created an asbestos trust fund of $140 billion fund to replace litigation. The bill would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in construction materials, and a lot of Americans might have believed the mineral was prohibited. However it is true that the United States is one of the few industrialized nations that doesn't ban asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. Our lawyers and the rest the international anti-asbestos campaign continue to work every day on this issue.
The first step toward the ban was in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of most asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In 2019, the EPA took a major step towards an asbestos ban when it published a rule that strengthened the agency's abilities to prevent asbestos-containing products from resurfacing on the marketplace.
However, trade organizations are once again trying to block the EPA's effort to ban asbestos. The trade groups argue that a ban could threaten the nation's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help make their case and are looking to legislators who have ties to the asbestos industry.
This is a battle our company has been involved in for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and hazardous substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.
How to tell if you have asbestos
Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These materials are known for their durability, flexibility, and resistance to chemicals and fire. These qualities made them useful in a range of industrial products such as insulation.
Asbestos is a component in many different types of household and building products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung conditions like mesothelioma or asbestosis. These diseases may have a long latency time and patients may not notice symptoms for a period of 20 to 50 years following exposure.
Many people are concerned that they have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless they are disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you're planning to make changes to your home or alter it in any way, it is recommended to consult an asbestos removal expert for a thorough examination.
If asbestos is in good shape, there is no need to eliminate it. Consult your physician if you are concerned about your health. They can perform various tests to determine if there are symptoms relating to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building, your employer must provide you with the information needed to find a contractor that can remove asbestos. You should also contact an environmental inspection company to assess your home. The experts can examine and test your home.
How to Remove Asbestos
Asbestos is safe to remove provided that the proper precautions are followed. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by state and federal regulations regarding the manner in which they do it. This includes covering up every waste product generated by the project and disposing it. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related illnesses, like lung cancer, and mesothelioma. eugene asbestos lawyer is the reason strict regulations are in place to stop this from happening.
Asbestos in good health that is not disturbed could not pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected prior to begin the work. This will allow an expert to determine whether the material requires removal prior to beginning any work. It also helps ensure it is properly handled properly, packed, labeled, and transported in accordance with the government regulations.
Anyone who is working with asbestos without a permit is in violation of the law. Those who break it are subject to heavy penalties. If you suspect that an improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.
To reduce the release of fibers into the air, it is crucial to keep the material hydrated during the removal process. Spraying the asbestos prior to removing it with a water/detergent spray will help achieve this. Once the asbestos has been removed, it has to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste and then disposed in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. They are available in stores that specialize in asbestos products and safety equipment. See How to Remove Asbestos for more information about how to cover and dispose of asbestos in a safe manner.