Is Asbestos Legal?
Congress has approved several incremental legislation proposals despite the fact that asbestos is still banned. One of these is 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 responsible for asbestos-related injuries. Laws vary by state, but in general property owners are required to keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was previously used in construction since it was fire-resistant as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibres can cause serious health issues, including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 different products. If you suspect your home or workplace may contain asbestos, a certified inspector should examine the area. A professional can help determine what steps to take if this material is present in your home and will work with an abatement contractor when needed.
It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some cases, victims might be able seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead relies on the fact that the product was dangerous in its own right.
An asbestos lawyer can explain strict liability, negligence and the different types of liability and help you if this theory applies in your case. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation could extend to the owners of buildings where asbestos is used when it is believed that the buildings will be utilized by employees of third parties.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it does not guarantee future compensation for workers.
Congress was able to consider but failed to pass, legislation that would have established the $140 billion trust fund for asbestos in lieu of litigation. This legislation would have taken funds kept in reserve 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.?
Asbestos is no longer ubiquitous in construction materials, and many Americans might have assumed that the mineral was banned. 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 world's anti-asbestos activists continue to work every day to address this issue.
The first step toward a ban came in 1989 when the EPA issued a directive prohibiting the importation, manufacturing and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court upheld most of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the substance and purchase it from mining companies.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took another step towards a ban 2019 when it issued an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.
However, pleasanton asbestos attorneys are trying to block the EPA's effort to ban asbestos. They claim that the ban on asbestos will threaten the country's chlorine supply and argue that there are safer options in place of asbestos. They have hired experts and consultants to help them build their case. They are also reaching out to lawmakers who have ties to asbestos.
This is a battle our firm has been involved in for over 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and harmful substance in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. These materials are known for their flexibility, strength and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products such as insulation.
Asbestos can be found in a variety of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes, as well as other common building materials.
When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling the fibers can trigger serious lung diseases, such as asbestosis or mesothelioma. These lung diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material is damaged or you are planning a home remodel that could affect it, you should speak with an asbestos specialist to conduct a further inspection.
If asbestos is in good shape there is no need to eliminate it. If you are concerned about your health, you should seek advice from a physician. They can conduct various tests to determine whether you suffer from symptoms linked to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building, your employer must provide you with details on how to find a contractor that can remove asbestos. You should also contact an environmental inspection company to assess your home. These professionals can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe provided you take the appropriate precautions. As a result, 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 home, they must abide by state and federal regulations regarding how to complete the task. This includes covering and disposing of all waste from the project. Improperly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases including lung cancer and mesothelioma. To prevent this, strict regulations have been enacted.
Asbestos that is in good shape and can't be disturbed may not pose a health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you begin your work. This will allow a professional to determine if the material needs to be removed prior to commencing any work. It will also make sure that it is handled in a safe manner, packaged, labeled and shipped in accordance with the government regulations.
It is illegal for anyone to work in asbestos without a license and those who break these regulations face severe penalties. If you suspect that an improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.
To minimize the release of fibers into air, it is crucial to keep the material hydrated during the removal process. Spraying the asbestos prior removal with a detergent or water spray will help achieve this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste, and disposed in a leak-proof car.
Additionally small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal any damage. These products are sold in stores that specialize on asbestos-related materials and safety equipment. Check out How to Get Asbestos Out for more information about how to dispose and cover asbestos properly.