Is Asbestos Legal?
Congress has approved a variety of incremental legislation plans despite the fact asbestos is still prohibited. 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.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, generally, property owners are required to keep their buildings secure and inform employees of any risks that might be present.
The Law
Asbestos is a group of naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 items. A certified inspector should examine your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what you should do should asbestos be found in your home or workplace and can work with a contractor when needed.
You can file a suit against the manufacturer if they produce asbestos-containing products. It can be difficult to prove the defendant's guilt. In certain cases, victims may seek compensation under a doctrine of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead rely on the fact that the product was a risk in itself.
An asbestos lawyer can explain the various types of negligence and strict liability and will be able to advise you if this theory applies to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety training to employees. This obligation may extend to the owners of buildings where asbestos is used if it is known that the buildings will be used by third party employees.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that comply with this procedure are required to provide "bankruptcy funds" which pay injured victim's pennies based on their past losses. This system is often criticized for the lack of transparency, as well because it doesn't cover future compensation.
In ann arbor asbestos law firm to protect the public, Congress has considered but did not pass legislation that would have created an asbestos trust fund of $140 billion fund to replace 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 thought that asbestos was banned because it's no longer a widely used building material. The United States is one the few industrialized countries that do not ban asbestos despite its well-known cancer-causing properties. This is an issue that our lawyers and the international anti-asbestos movement continue to tackle every single day.
The first step toward prohibition came in 1989 when the EPA issued a directive prohibiting the manufacturing, importation and processing of most asbestos-containing products. However chemical industry filed a suit and the court ruled in favor of the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other purposes.
In 2016 Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In 2019, the EPA made a significant step towards the ban when it issued a rule that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the market.
However, trade groups are once again trying to stop the EPA's efforts to stop asbestos from being used in construction. They claim that the ban on asbestos will harm the nation's supply of chlorine and claim that there are better alternatives to asbestos. They have hired consultants and experts to aid them in making their case. They are also reaching out to legislators with ties to asbestos.
Our firm has been fighting this battle for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to tell if you have Asbestos
Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their flexibility, strength and resistance to chemicals and fire. These properties made them useful in a variety of industrial products, like insulation.
Because asbestos is so versatile, it is used in a myriad of household and commercial items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibres into the atmosphere. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to remodel your house and alter the material in any way, consult an asbestos abatement expert for a second inspection.
If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, consult a physician. They can order a variety of tests to determine if you have symptoms linked to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. Additionally the state laws oblige public employees to have the same protections. If you work in a public facility that is exposed to asbestos, your employer must give you information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. They can examine and test your home.
How to Remove Asbestos
Asbestos is safe to remove provided the proper precautions are followed. 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 remove asbestos materials from their home, they must adhere to federal and state regulations on how the work is done. This includes properly covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos could expose people and workers to asbestos-related ailments, including lung cancer and mesothelioma. To prevent this strict regulations have been put in place.
Asbestos in good condition that won't be disturbed might be safe for health. However, it is recommended that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos expert prior to commencing the work. This will allow a professional to determine if the material requires removal prior to commencing any work. It will also make sure that it is handled in a safe manner, packaged, labeled and transported in accordance with the government regulations.
Anyone who is working with asbestos without a permit is violating the law, and those who do are subject to heavy fines. If you suspect that an 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 health.
To minimize the release of fibers into air, it is essential to keep the material moist throughout the removal process. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it off. Once asbestos has been removed, it must be placed in large plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof car.
You can also protect small areas of asbestos in good condition using commercial products that seal holes and repair damage. These products are available at stores that specialize on asbestos-related materials and safety equipment. See How to Get rid of Asbestos to learn more about how to dispose and cover asbestos in a safe manner.