Is Asbestos Legal?
While asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals to be reviewed and assessed for risk.
Property owners are also accountable for asbestos-related injuries, as are mining companies. Laws vary by state however, in general, property owners are required to keep their structures safe and inform workers of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you suspect your workplace or home may contain asbestos, a qualified inspector should examine the area. A professional can advise you on what should be done when asbestos is found in your property and will collaborate with an abatement contractor should it be necessary.
You can file a suit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, victims may claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead relies on the fact that the product was a risk in itself.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help whether this theory applies in your case. Employers are also required to ensure safe working conditions for their employees and provide adequate education in safety. This obligation could be extended to property owners who employ asbestos, if they are aware employees from other companies will be using those buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. The system is criticized for its inconsistency of the system, and because it does not cover future compensation.
In a bid to protect the public, Congress has considered but failed to pass legislation that would have created an asbestos trust fund of $140 billion fund to replace litigation. escondido asbestos lawsuit would have utilized funds held by bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in building materials, and many Americans might have believed the mineral was prohibited. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to fight every day on this issue.
In 1989 in 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for other uses.
In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another step towards a complete ban in 2019, when it announced a final rule that bolsters the agency's ability to stop asbestos-containing items from returning to the market.
However, trade organizations continue to stop the EPA's efforts to stop asbestos from being used in construction. These groups argue that a ban would threaten the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are now looking to lawmakers who have ties to the asbestos industry.
Our company has been fighting this battle for more than 15 year. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly substance in the United States. This is a major move to ensure 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 Are Infected with Asbestos
Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. These materials are known for their toughness, flexibility and resistance to fire and chemicals. These properties made them useful in a number of industrial products, including insulation.
Because asbestos is so versatile, it's employed in a variety of household and building products. 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 shingles, ceiling tiles as well as 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 the microscopic fibers could enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These diseases have a lengthy time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.
Many people worry about asbestos in their home. Asbestos in good condition is not likely to release fibers until it is agitated. Homeowners should check the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a remodel that could cause damage to it, you should check with an asbestos specialist to conduct an additional inspection.
If asbestos is in good shape, there is no reason why you should remove it from your home. Talk to your doctor if are worried about your health. They can order a variety of tests to determine if you have symptoms relating to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public place where you are exposed to asbestos, your employer must provide details on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is secure if you take the right precautions. This is why asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, they must follow all state and federal regulations. This includes properly covering any waste generated by the project and disposing it. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related ailments, such as lung cancer and mesothelioma. To prevent this strict guidelines have been enacted.
If asbestos is in good condition and isn't damaged, it is unlikely to pose a health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you begin your work. This will allow a professional to determine whether 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 according to the government regulations.
It is illegal for anyone to work on asbestos without a valid license Anyone who does not comply with these rules face large fines. If you suspect that improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
To prevent the release of fibers into air, it is crucial to keep the material damp throughout the removal process. Spraying the asbestos prior to removing it with a water/detergent spray will help achieve this. After the asbestos is removed, it needs to be placed into thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and then disposed of 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. These products are available in stores that specialize on asbestos-related products and safety gear. For more information on how to properly remove asbestos learn about how to remove Asbestos.