Is Asbestos Legal?
Although asbestos is still banned, several legislative proposals with incremental provisions have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA’s prioritization list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. Laws vary state-to-state but generally, property owners must ensure that their buildings safe and warn employees of potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health issues, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in more than 3,000 products. A certified inspector should examine your home or work place if you suspect it may contain asbestos. A professional can determine what to do if asbestos is present in your workplace or at home and work with a contractor if needed.
You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant’s negligence can be a difficult task. In some cases, victims may claim damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and is based on the fact that the product was dangerous.
An asbestos lawyer can explain the different types of negligence and strict liability and will be able to advise you if this theory applies to your situation. Employers are also required to ensure safe working conditions for their employees and adequate training in safety. This obligation could be extended to owners of buildings who employ asbestos, if they are aware employees from other companies will be using those structures.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who comply with this procedure are required to fund “bankruptcy funds” which pay injured victims pennies based on their past losses. The system is criticized for the inconsistency of the system, and since it doesn’t cover future compensation.
In an effort to safeguard the public, Congress has considered but failed to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken money reserved by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was prohibited because it’s no longer a commonly used building material. 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 world’s anti-petaluma asbestos activists continue to work day in and day out on this issue.
The first step toward the ban was in 1989 when the EPA issued a rule banning the importation, manufacturing and processing of most asbestos-containing products. However chemical companies sued and the court overturned most of the ban. Asbestos remains used in some manufacturing processes, and it’s legal for companies to purchase the substance from mining operations and import it for other purposes.
In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In the year 2019, the EPA took a major step towards a ban when it released an ordinance that strengthened the agency’s abilities to prevent neenah asbestos-containing products from coming back to the market.
Trade groups are trying to block the EPA from bans on asbestos. These groups argue that a ban will affect the nation’s supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case and are now looking to lawmakers who are connected to asbestos companies.
This is a war that our firm has been involved in for more than 15 years. 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 is able to ban this dangerous and deadly chemical in the United States. This is a huge step in ensuring that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to tell if you have Asbestos
Asbestos is made up of an assortment of minerals that are found naturally and are formed into long, fine fibers. These materials are known as being tough, vimeo flexible and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products, including insulation.
Because asbestos is so versatile, it’s employed in a myriad of household and industrial items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are some examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases such as mesothelioma or asbestosis. These 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. Most of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material is damaged or you are planning to remodel your home that could affect it, you should speak with an asbestos specialist for a more thorough inspection.
If asbestos is in good condition there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can perform various tests to determine if you suffer from symptoms relating to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you work in a public building where you are exposed asbestos, your employer should give you information on how to contact an asbestos removal contractor. You should also call an environmental inspector to evaluate your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
tennessee asbestos lawyer can be safely removed provided the proper precautions are followed. For this reason, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their house, they must comply with federal and state regulations on the manner in which they do it. This involves properly covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos can expose workers and others to asbestos-related diseases including lung cancer and mesothelioma. To stop this from happening, strict regulations have been enacted.
If asbestos is in good shape and will not be disturbed, it may not be a health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or Vimeo demolition inspected before you start the work. This will allow the professional to determine whether the material should be removed prior to commencing any work. It will also ensure that it is properly handled, packaged in a way that is labeled, transported and disposed of in compliance with the regulations of the government.
Anyone who is working with asbestos without a permit is in violation of the law, and violators face severe fines. If you suspect that an improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
To limit the release of fibers into air, it is important to keep the material damp during the removal process. This can be achieved by spraying the material with a mist of water or detergent prior to removing it. After the asbestos is removed, it should be stored in plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition with commercial products that seal holes and repair damage. These are available at shops that specialize in asbestos products and safety products. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.