Is Asbestos Legal?
Congress has approved a variety of incremental legislations despite the fact that asbestos is still prohibited. One of them is 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 businesses, property owners may also face liability for asbestos-related injuries. The laws vary from state to state however, generally property owners are required to keep their structures safe and inform employees of potential dangers.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was once used in construction since it was fire-resistant, chemical corrosion resistant and insulation. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms could develop 15-30 years after. Even today, asbestos is still found in over 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a qualified inspector should check the area. A professional can advise you on what needs to be done should asbestos be found on your property and collaborate with an abatement company should it be necessary.
It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain cases, victims can claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that a product was a risk in itself.
An asbestos lawyer can explain the various kinds of negligence and strict liability and will advise you on whether this theory applies to your particular situation. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This obligation can be extended to building owners who use asbestos when they are aware that employees from other companies will be using those buildings.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who make this decision are required to create "bankruptcy funds" which pay injured victims pennies based on their previous losses. This system has been criticized due to its lack of transparency and the fact that it doesn't provide workers with future compensation.
In an effort to protect the public, Congress has considered but failed to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was prohibited because it is not a typical 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 it's known to cause cancer in any amount. This is an issue our lawyers and the international anti-asbestos movement continue to tackle every single day.
In 1989 in 1989, the EPA published a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it to use for other purposes.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another step toward a ban in 2019 when it published a final rule that strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.
Trade groups are attempting to stop the EPA from prohibiting asbestos. They argue that a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are alternatives to asbestos. They have hired experts and consultants to aid them in making their case. They are also turning to lawmakers who have ties to asbestos.
This is a fight that our company has been involved in for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a major step towards ensuring that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to Determine if You Are Infected with Asbestos
Asbestos is made up of minerals that occur naturally and are laid out into long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to chemical and fire. These properties made these materials useful in a range of industrial products including insulation.
Because asbestos is so versatile, it is used in a range of household and industrial items. Some examples include vinyl floor tiles insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. decatur asbestos attorneys can also be found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling these microscopic fibers may enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These diseases have a lengthy latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people worry that they might have asbestos in their home. Asbestos in good condition is not likely to release fibers until it is disturbed. Inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel that could affect it, you should consult with an asbestos abatement specialist to conduct an additional examination.
If asbestos is in good health there is no need to eliminate it. Consult your doctor if you are concerned about your health. They can order various tests to determine if you suffer from symptoms related to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos removal is safe provided you take the appropriate precautions. For this reason, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos materials from their house, they must comply with the federal and state regulations for how the work is done. This includes properly covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. To avoid this strict regulations have been put in place.
If asbestos is in good shape and will not be affected, it will not cause health risks. However, it is advised that you have any ACM that is likely to be affected through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will let the professional know whether the material requires to be removed prior to commencing any work and will also ensure that it is handled, packed, labeled, transported, and disposed of in accordance to the rules of the government.
Anyone who is working with asbestos without a permit is in violation of the law, and violators face heavy penalties. If you suspect improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
In the process of removing asbestos, the substance must be kept moist at all times to reduce the release of airborne fibers. Spraying the asbestos prior taking it off with a water/detergent spray will help achieve this. Once asbestos has been removed, it should be placed in large plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste and removed in a leak-proof vehicle.
In addition, small areas of asbestos that are in good condition can be coated with commercial products designed to repair holes and seal damages. These are sold at stores that specialize in asbestos materials and safety equipment. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.