Is Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners can be held accountable for asbestos-related injuries. State laws differ however, generally property owners are required to keep their premises safe and inform workers of any dangers that could be present.
The Law
Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, however, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos can be found in more than 3,000 products. hartford asbestos attorneys certified inspector should examine your workplace or home if you suspect it may contain asbestos. A professional can advise you on what steps to take should asbestos be found in your property and will work with an abatement professional when needed.
It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. It can be difficult to prove the defendant's guilt. In some instances, the victims may claim damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and is based on the fact that the product was intrinsically dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types and advise you on the possibility of applying this theory in your case. The law also requires that employers provide safe working conditions as well as adequate safety training for employees. This obligation may extend to the owners of buildings that are constructed with asbestos in the event that it is established that the building will be utilized by third party employees.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who do this are required to create "bankruptcy funds" which pay injured victims pennies for their losses in the past. The system is criticized for the lack of transparency, and because it does not cover future compensation.
Congress looked at but failed to pass legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victim advocates and 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 nations that do not prohibit asbestos despite its known cancer-causing properties. This is a problem that our lawyers and the rest of the international anti-asbestos movement continue to tackle every single day.
The first step toward prohibition came in 1989, when the EPA issued a regulation prohibiting the manufacturing, importation and processing of most asbestos-containing products. However, the chemical industry sued and the court reversed the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the substance and buy it from mining companies.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. In 2019, the EPA made a significant step towards an asbestos ban when it published an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.
However, trade groups are once again trying to stop the EPA's attempt to prohibit 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 experts and consultants to help them build their argument. They are also turning to legislators with ties to asbestos.
This is a fight that our firm has been involved in for over 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant move to ensure that nobody else Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to tell if you have Asbestos
Asbestos is made up of minerals that naturally occur and are organized into long, thin fibres. These materials are well-known for their durability, flexibility, and resistance to chemical and fire. These qualities make them ideal in a variety of industrial items, including insulation.
Asbestos can be found in a variety of building and household products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are a few examples. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These illnesses can have a long time of latency and patients might not experience symptoms for up to 20 years following exposure.
Many people are concerned about asbestos in their home. The majority of the time, asbestos in good condition will not release fibres unless they are disturbed. Check the material for water damage, abrasions, or tears. If the material is damaged or you are planning to remodel your home which could impact it, you should check with an asbestos abatement specialist for further examination.
If asbestos is in good condition there is no need to remove it. If you are concerned about your health, you should consult a doctor. They can conduct various tests to determine if you have symptoms that are related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in a public building that is exposed to asbestos, your employer must provide you with information on how to contact an asbestos removal contractor. Contact an environmental inspection company to evaluate your home. They will test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos is a safe material to remove, provided that the proper precautions are followed. As a result, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, they must adhere to all state and federal regulations. This includes covering all waste generated by the project and disposing it. Improperly handling and disposing of asbestos can expose workers and the public to asbestos-related ailments, including lung cancer and mesothelioma. To avoid this strict guidelines have been put in place.
Asbestos in good health that won't be disturbed might be safe for health. However, it is advised that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before beginning the work. This will permit the professional to determine whether the material requires to be removed prior to commencing any work. They will also ensure that it is handled, packed and labeled before being transported and disposed of in compliance with the regulations of the government.
Anyone who works with asbestos without a permit is violating the law and those who violate it are subject to heavy penalties. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.
During the removal of asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the material with a detergent or water mist prior to removing it. After the asbestos is removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. This material should be clearly labeled as asbestos waste and removed in a leak-proof vehicle.
Alternately, small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal any damage. These are available at shops that specialize in asbestos products and safety products. For more details on how to properly cover asbestos and dispose of it read How to Remove Asbestos.