Is Asbestos Legal?
Congress has passed a number of incremental legislation proposals despite the fact asbestos is still prohibited. One of them, 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.
Property owners are also liable for asbestos-related injuries, as are mining companies. The laws vary from state to state, but in general property owners are required to keep their buildings safe and notify workers of any dangers that could be present.
The Law
Asbestos is among the naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still present in over 3,000 different products. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A qualified professional can help you decide what to do when asbestos is found in your workplace or at home and will work with a contractor in the event of need.
It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove the fault of a defendant. In certain cases, victims may be able to seek damages under the theory of strict liability. This type of claim removes any need to prove four elements of negligence, and is based on the fact that the product is inherently dangerous.
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 situation. Employers are also required to ensure safe working conditions for their employees as well as adequate education in safety. This obligation could be extended to building owners who employ asbestos if they are aware that third-party employees will use the structures.
Many asbestos manufacturers escaped liability through bankruptcy protection. waukegan asbestos lawyer who make this decision are required to fund "bankruptcy funds" that pay injured victims pennies on their past losses. This system is criticized for its lack of transparency, and because it doesn't cover future compensation.
In an effort to protect the public, Congress has considered but failed to approve legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed asbestos was banned since it's no longer a widely used building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos community continue to work on every day.
In 1989 the year 1989, EPA issued a regulation that prohibits the importation, production, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it for different purposes.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In 2019, the EPA took a major step towards a ban when it released an ordinance that strengthened the agency's abilities to prevent asbestos-containing product from returning to the marketplace.
However, trade organizations are attempting to block the EPA's effort to prohibit asbestos. They claim that a ban on asbestos would affect the supply of chlorine in the country and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to assist them in making their argument. They are also turning to lawmakers with ties to asbestos.
Our company has been fighting this battle for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a crucial step in ensuring that other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to Tell if You Have Asbestos
Asbestos is made up of a collection of minerals that occur naturally and are arranged into long, thin fibres. These materials are known for their durability, flexibility, and resistance to chemical and fire. These qualities make them ideal in a number of industrial items, including insulation.
Because asbestos is so versatile, it is used in a wide range of household and commercial products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, as well as other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their home. Asbestos in good health is unlikely to release fibers until it is disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a renovation which could impact it, you should speak with an asbestos removal specialist to conduct a further inspection.
If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, consult a doctor. They can conduct various tests to determine if you suffer from symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you work in an asbestos-containing building, your employer must provide you with the information needed to find a contractor that can remove asbestos. You should also contact an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is safe if you take the right precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the substance. If homeowner decides to take away asbestos from their home, they must comply with all state and federal regulations. This includes covering all the waste produced during the process and properly disposing it. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases, like lung cancer, and mesothelioma. To prevent this strict rules have been enacted.
Asbestos in good condition that is not disturbed could be safe for health. However, it is recommended that you have any ACM that could be affected through demolition or renovations inspected by an asbestos professional before starting the work. This will enable a professional to determine if the material requires removal prior beginning any work. It will also make sure that it is properly handled, packed, labeled and transported in compliance with the regulations of the government.
Anyone who is working with asbestos without a permit is violating the law, and those who do are liable for heavy fines. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your county or the state department of environmental health.
In the process of removing asbestos, the substance must be kept moist at all times to reduce the release of airborne fibers. Spraying the material before removal with a detergent or water spray can aid in this. After the asbestos is removed, it needs to be placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.
You can also protect small areas of asbestos in good condition using commercial products that fill in holes and seal any 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 dispose and cover asbestos in a safe manner.