Is Asbestos Legal?
Although asbestos is still banned, several legislative proposals with incremental provisions have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority 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, however, in general, property owners are required to ensure their buildings are secure and inform workers of any potential dangers.
The Law
Asbestos is an assortment of minerals that are naturally occurring. It was once used in construction as it was fire resistant, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 items. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A qualified professional can help you decide what you should do should asbestos be found within your home or workplace and will work with a contractor in the event of need.
It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove the defendant's guilt. In midland asbestos attorneys , victims might be able seek damages on the basis of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can explain the various kinds of strict liability and negligence and will be able to advise you if this theory applies to your situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate training in safety. This obligation can be extended to owners of buildings who employ asbestos if they know that employees from other companies will be using those structures.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their previous losses. The system is criticized for its lack of transparency, and because it does not cover future compensation.
Congress was able to consider but did not adopt, legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. This bill would have tapped funds reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in construction materials, and many Americans might have assumed that the mineral was banned. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos has been linked to cancer in any amount. This is an issue our lawyers and the world's anti-asbestos community continue to work on each day.
The first step toward the ban was in 1989 when the EPA issued a rule prohibiting the production, importation and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for different purposes.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step towards a ban 2019, when it released an official rule that enhances the agency's ability to prevent asbestos-containing items from returning to the market.
However, trade groups are once again trying to stop the EPA's plan to stop asbestos from being used in construction. These groups claim that a ban would threaten the chlorine supply in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to make their case and are now turning to legislators who have ties to asbestos companies.
Our company has been fighting this battle for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is an important step to ensure that no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is a grouping of minerals that are naturally occurring and are formed into long, fine fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These qualities made them suitable in a variety of industrial products, such as insulation.
Asbestos is utilized in a variety of building and household products. Examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibres into the air. Inhaling these fibers can lead to serious lung conditions like mesothelioma or asbestosis. These lung diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.
Many people worry that they might have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you intend to make changes to your home or disturb it in any way, consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good shape there is no reason not to remove it from your home. Consult your physician if you are worried about your health. They can order various tests to determine if you have symptoms related to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally states' laws require public employees to be provided with the same protections. If you work in a public building that is exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to evaluate your home. The experts can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe provided you take the proper precautions. For this reason, 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 eliminate asbestos materials from their house, they must comply with federal and state regulations on how the work is done. This includes properly covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related diseases such as lung cancer and mesothelioma. This is why strict rules are in place to prevent this from happening.
Asbestos in good condition that is not disturbed could not pose any health risk. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos professional before beginning the work. This will let the professional know if the material needs to be abated before starting any work and will also ensure that it is treated, packaged, labeled, transported, and then disposed of in accordance with government regulations.
It is illegal for anyone to work with asbestos without a permit, and those who violate the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material should be kept moist all the time to limit the release of airborne fibers. Spraying the material before removing it with a water/detergent spray can aid in this. Once asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and then disposed in a leak-proof car.
In addition small areas of asbestos in good condition can be coated with commercial products designed to repair holes and seal damages. These are available at shops that specialize in asbestos products and safety equipment. For more details about how to remove asbestos Learn How to Remove Asbestos.