Is Asbestos Legal?
Congress has passed several incremental legislations despite the fact asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important for review and risk assessment.
Property owners are also liable for asbestos-related injuries, as are mining companies. State laws differ however, generally property owners are required to keep their structures safe and inform employees of potential dangers.
The Law
Asbestos is a group of naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers they can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is found in more than 3000 products. If concord asbestos lawyer are concerned that your home or workplace may contain asbestos, a certified inspector should examine the area. A professional can determine what to do should asbestos be found in your workplace or home and work with a contractor if needed.
It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove a defendant's fault. In certain cases, victims could be able to claim damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proved, but instead rely on the fact that a 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 you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This obligation can extend to owners of buildings where asbestos is used in the event that it is established that the building will be used by employees of a third party.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. This system is criticized for the lack of transparency and since it doesn't cover future compensation.
To protect the public, Congress has considered but was unable to pass legislation to establish a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies for compensation. It was not supported by corporations or victims' advocates.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in building materials, and some Americans may have assumed that asbestos was banned. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work daily on this issue.
The first step towards an end to the ban came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of all asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.
In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos is now on the list of chemicals that require a risk assessment. In the year 2019, EPA made a significant step towards the ban when it issued an order that bolstered the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.
Trade groups are trying to prevent the EPA from banning asbestos. They argue that a ban on asbestos would harm the nation's supply of chlorine and argue that there are better alternatives than asbestos. They have hired consultants and experts to assist them in making their case. They are also turning to legislators with ties to asbestos.
Our company has been fighting this battle for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is a huge step in ensuring that no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to Know if You Have Asbestos
Asbestos is minerals that are naturally occurring and are arranged into long, thin fibers. They are known for being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.
Asbestos is a component in a variety of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces, as well as other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses can be long-lasting and patients might not experience symptoms for 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless they are disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a home remodel which could impact it, you should consult an asbestos abatement expert to conduct a further inspection.
If asbestos is in good health, there is no need to eliminate it. See your doctor if are concerned about your health. They can order a variety of tests to see whether you're experiencing symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. In addition the state laws require public employees to receive the same protections. If you are employed in a public establishment where you are exposed asbestos, your employer must provide information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to examine your home. They can test and visually inspect your home.
How to Get Asbestos Out
Asbestos can be safely removed provided the proper precautions are followed. Asbestos removal should only be done by experts who are certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos materials from their home, they must abide by federal and state regulations on how the work is done. This involves properly covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict rules are in place to stop this from happening.
If asbestos is in good shape and is not affected, it will not cause health risks. However, it is highly recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before beginning the work. This will permit the professional to determine if the material needs to be abated before starting any work. They will also ensure that it is treated, packaged and labeled before being transported and disposed of according with regulations set by the government.
Anyone who is working with asbestos without a permit is breaking the law. Those who break it face heavy penalties. If you suspect that asbestos was not properly removed from your property, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
To reduce the release of fibers into air, it is essential to keep the material damp during the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. After the asbestos has been removed, it must be placed into thick plastic bags or tarps that are double-wrapped with tape. This material should be clearly labeled as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.
You can also cover small areas of asbestos in good condition with commercial items that fill holes and seal damage. These are products can be found in stores that specialize on asbestos-related products and safety equipment. Check out How to Get rid of Asbestos to learn more on how to cover and dispose of asbestos safely.