Is Asbestos Legal?
Although asbestos remains banned, several legislative proposals with incremental provisions have been tossed around Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the an EPA priority list of chemicals to be reviewed and assessed for risk.
In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws differ from state to state however, in general, property owners are required to keep their premises safe and warn workers of any potential dangers.
The Law
Asbestos is a range of minerals that are naturally occurring. It was once used in construction as it was fireproof, chemical corrosion resistant, and insulates. However, inhaling asbestos fibres can lead to serious health problems including lung cancer, mesothelioma and asbestosis. After exposure, symptoms may develop 15-30 years after. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect that it might contain asbestos. A qualified professional can help you decide what you should do when asbestos is found in your home or workplace and can work with a contractor in the event of need.
It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, the victims might be able to pursue damages under the theory of strict liability. This type of claim removes the need to prove the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.
An asbestos lawyer can explain strict liability, negligence and the various types of liability and tell whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees, and to provide adequate education in safety. This obligation can be extended to owners of buildings who employ asbestos when they are aware that third-party employees will use the structures.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't pay future workers' compensation.
Congress was able to consider, but did not pass legislation that would have created the $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it did not receive 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. However the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact that asbestos has been linked to cancer in any quantity. Our lawyers and of the world's anti-asbestos campaign continue to work day in and day out on this issue.
The first step towards a ban came in 1989, when the EPA issued a regulation prohibiting the production, importation, and processing of most asbestos-containing products. However chemical companies filed a lawsuit and the court reversed most of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it for different purposes.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos has been added the list that requires an assessment of risk. In the year 2019, EPA took a major step towards an end to asbestos when it announced an ordinance that strengthened the agency's ability to stop asbestos-containing products from coming back to the market.
Trade groups are trying to prevent the EPA from prohibiting asbestos. These groups claim the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are safer options in place of asbestos. They have hired consultants and experts to aid them in making their argument. They're also looking to lawmakers who have ties to asbestos.
Our firm has been fighting this battle for more than 15 year. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly substance in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.
How to tell if you have asbestos
Asbestos is minerals that are naturally occurring and are formed into long, fine fibers. These materials are known as being flexible, strong and resistant to fire and chemicals. These qualities make them ideal in a number of industrial products, such as insulation.
Because asbestos is so versatile, it's employed in a range of household and building items. Some examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.
When asbestos is disturbed it releases harmful fibres into air. Inhaled fibers can cause serious lung conditions like mesothelioma or asbestosis. These lung diseases have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. In most cases asbestos in good condition will not release fibres unless they are disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged, or if you plan to make changes to your home or alter the material in any way, it is recommended to consult an asbestos abatement specialist to conduct a more thorough inspection.
If asbestos is in good condition there is no reason to eliminate it from your home. Consult your doctor if you are worried about your health. They can perform various tests to determine if you suffer from symptoms that are related to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. minnesota asbestos lawyer require that public employees also receive the same protection. If you work in an asbestos-rich building your employer is required to provide you with details on how to find a contractor that can remove asbestos. You should also contact an environmental inspection company to examine your home. These professionals can test and visually inspect your home.
How to Get Asbestos Out
Asbestos is safe to remove provided the proper precautions are taken. Asbestos removal should be performed by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to take away asbestos from their home, they must comply with all state and federal regulations. This includes properly covering and disposing of all waste resulting from the project. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related diseases, like lung cancer and mesothelioma. To prevent this strict guidelines have been enacted.
Asbestos that is in good condition and will not be disturbed may be safe for health. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition checked prior to when you begin work. This will enable the professional to determine if the material needs to be removed prior to commencing any work and will also ensure that it is treated, packaged in a way that is labeled, transported and disposed of in compliance with government regulations.
It is illegal for anyone to work on asbestos without a valid license and those who break these rules face large fines. If you suspect that asbestos was improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.
To minimize the release of fibers into the air, it is important to keep the material wet throughout the removal process. Spraying the material before removal with a detergent or water spray can aid in this. After the asbestos has been removed, it has to be placed into thick 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.
Alternately small areas of asbestos that are in good condition can be covered with commercial products designed to make holes or seal the damage. These are available at shops that specialize in asbestos-related materials and safety products. For more information about how to cover asbestos and dispose of it read How to Remove Asbestos.