Is Asbestos Legal?
Congress has passed several incremental legislations despite the fact that asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws differ between states, however, generally, property owners are required to ensure their buildings are safe and inform workers of any potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos is still present in over 3,000 different products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A professional can assist you in determining what needs to be done if this material is present within your home or workplace and work with an abatement contractor in the event of a need.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving the 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 to prove the four elements of negligence and is based on the fact that the product was dangerous.
An asbestos lawyer can explain the various kinds of strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to provide safe working conditions for their employees, and to provide adequate training in safety. This obligation could extend to the owners of buildings where asbestos is used in the event that it is established that the buildings will be utilized by employees of third parties.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which pay victims pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it does not guarantee future compensation for workers.
Congress considered, but did not pass, legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in building materials, and many Americans might have assumed that asbestos was banned. However the United States is one of the few industrialized nations that do not have a ban on asbestos, despite the fact that asbestos is known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to work day in and day out on this issue.
The first step toward a ban came in 1989, when the EPA issued a regulation prohibiting the production, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for different purposes.
In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list that requires a risk assessment. The EPA took a further step towards a complete ban in 2019 when it published the final rule, which strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.
Trade groups are attempting to stop the EPA's plan to prohibit asbestos. They argue that the asbestos ban would affect the supply of chlorine in the country and claim that there are safer options to asbestos. bellevue asbestos attorneys have hired experts and consultants to help present their arguments and are looking to legislators who have ties to the asbestos industry.
This is a battle our company has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important step towards ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to Tell if You Are Infected with Asbestos
Asbestos is minerals that occur naturally and are arranged into long, thin fibres. These minerals are regarded as being tough, flexible 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 is used 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 can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, and other building materials commonly used.
When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These diseases may be long-lasting and patients might not experience symptoms for 20 to 50 years after exposure.
Many people worry that they have asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless they are disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you're planning to renovate your home and alter it in any way, you must consult an asbestos abatement specialist for a thorough examination.
If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can order a variety of tests to determine if you are experiencing symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. In addition, state laws require public employees to receive the same protections. If you work in a public facility in which you are exposed to asbestos, your employer must provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. The experts can inspect your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos removal is secure if you follow the correct precautions. Asbestos removal should be done by experts who are certified and trained in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must comply with all state and federal regulations. This includes covering all the waste produced by the project and disposing it. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. To prevent this strict guidelines have been put in place.
If asbestos is in good shape and isn't affected, it will not pose a health threat. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos professional before starting the work. This will permit the professional to determine if the material needs to be removed prior to commencing any work. They will also ensure that it is handled, packaged and labeled before being transported and disposed of in accordance with government regulations.
It is illegal to work in asbestos without a license, and those who violate these regulations face severe 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.
When removing asbestos, the material must be kept wet throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior taking it off with a water/detergent spray can aid in this. Once the asbestos is removed, it must be placed in heavy plastic bags or tarps that are double-wrapped and sealed with tape. This material should be clearly marked as asbestos waste and then disposed of in a leak-proof vehicle.
Alternately small areas of asbestos in good condition can be coated with commercial products designed to repair holes and seal damages. These products are available in stores that specialize in asbestos-related products and safety gear. For more details on how to properly cover and dispose of asbestos read How to Remove Asbestos.