Is Asbestos Legal?
Although asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review.
In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary from state to state however, generally property owners must ensure that their buildings safe and warn workers of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms may take 15 to 30 years to develop after exposure. Even in the present, asbestos can be found in more than 3,000 different products. A qualified inspector should check your home or work place if you suspect that it might contain asbestos. A professional can tell you what to do if asbestos is present within your home or workplace and work with a contractor should it be necessary.
You can file a lawsuit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some cases, victims may seek compensation under a doctrine 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 the product was a risk in itself.
An asbestos lawyer can explain the different types of negligence and strict liability and will advise you on whether this theory applies to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety training to employees. This requirement can also apply to owners of buildings where asbestos is utilized when it is believed that those buildings will be used by employees of a third party.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system is often criticized for its lack of transparency, and because it doesn't cover future compensation.
To protect the public, Congress has considered but did not pass legislation that would create an asbestos trust fund of $140 billion fund in lieu of litigation. The legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was banned because it's no longer a widely used building material. However, the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos activists continue to fight every day to address this issue.
The first step toward an end to the ban came in 1989, when the EPA issued a regulation prohibiting the production, importation, and processing of most asbestos-containing products. However chemical companies sued and the court reversed most of the ban. Asbestos is still being used in some manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for different purposes.
In tulsa asbestos attorneys , Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos is now on the list of chemicals that require a risk assessment. In the year 2019, the EPA took a major step towards a ban when it released an ordinance that strengthened the agency's ability to stop asbestos-containing product from returning to the marketplace.
However, trade groups are attempting to stop the EPA's plan to stop asbestos from being used in construction. They argue that a ban would threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them make their argument. They are also reaching out to legislators with ties to asbestos.
Our company has been fighting this fight for more than 15 years. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the dangerous and deadly substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.
How to Know if You Are Suffering from Asbestos
Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products, including insulation.
Asbestos can be found in a variety of building and household items. Some examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial structures, 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. Inhaling asbestos fibers can result in serious lung conditions like mesothelioma or asbestosis. These diseases can have a long time of latency and patients might not experience symptoms for up to 20 years after exposure.
Many people are worried about asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is damaged. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning a remodel that could disturb it, you should consult an asbestos abatement expert to conduct an additional examination.
If asbestos is in good shape there is no need to eliminate it. Consult your physician if you are concerned about your health. They can perform various tests to determine if there are symptoms that are related to exposure to asbestos.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building the employer has to provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental company to evaluate your home. They will test your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos removal is secure if you follow the correct precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes covering up every waste product generated during the project and properly disposing of it. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To prevent this strict regulations have been put in place.
Asbestos in good condition that won't be disturbed might be safe for health. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected prior to begin your work. This will permit the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is properly handled, packaged and labeled before being transported and then disposed of in accordance with the regulations of the government.
Anyone who works with asbestos without a permit is violating the law. Those who break it face heavy penalties. If you suspect that asbestos has not been properly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.
To minimize the release of fibers into the air, it is essential to keep the material wet during the removal process. This can be achieved by spraying the material with a mist of water or detergent prior to taking it away. After the asbestos is removed, it has to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof car.
Alternatively, small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal damage. These products are available at stores that specialize on asbestos-related products and safety gear. See How to Remove Asbestos for more information on how to cover and dispose asbestos properly.