Is Asbestos Legal?
While asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of these proposed legislations, 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.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws differ from state to state, but generally, property owners are obliged to keep their properties secure and warn employees of any risks that might be present.
The Law
Asbestos is a range of naturally occurring minerals. It was previously used in construction since it was fireproof, chemical corrosion resistant and an insulator. Inhaling asbestos fibers they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even in the present, asbestos can be found in over 3,000 different products. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can assist you in determining what steps to take in the event that asbestos is present in your home and will work with an abatement contractor in the event of a need.
You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, victims could be able to claim damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proved, but instead relies on the fact that a product was inherently dangerous.
An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you on the possibility of applying this theory to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training for their employees. This obligation can extend to the owners of buildings that are constructed with asbestos in the event that it is established that the building are utilized by employees of third parties.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies who do this are required to create "bankruptcy funds" which pay injured victim's pennies on their previous losses. The system is criticized for the lack of transparency and because it does not cover future compensation.
Congress was able to consider but did not adopt, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. This legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. It was not supported by corporations or victim advocates.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in construction materials, and many Americans might have assumed that asbestos was banned. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. Our lawyers and of the world's anti-asbestos campaign continue to work every day on this issue.
In 1989 in 1989, the EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. However, the chemical industry sued and the court reversed the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and buy it from mining companies.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA took another step towards a ban in 2019, when it released the final rule, which strengthens the agency's ability to stop asbestos-containing products from returning to the market.
However, trade organizations are trying to block the EPA's effort to ban asbestos. These groups claim asbestos bans would be a threat to the supply of chlorine in the United States and argue that there are alternatives than asbestos. They have hired experts and consultants to present their arguments and are looking to lawmakers with ties to asbestos-related industries.
This is a battle that our firm has been involved in for over 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a significant step in ensuring that other Americans will suffer the same fate as millions of men, women and children who have been diagnosed with mesothelioma.
How to Determine if You Have Asbestos
Asbestos is a class of naturally occurring minerals that are placed in thin, long fibers. These minerals are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them suitable in a number of industrial products, such as insulation.
Asbestos is used in a variety of household and building products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases such as mesothelioma or asbestosis. These illnesses may have a long time of latency and patients may not be symptomatic for 20 to 50 years after exposure.
Many people are concerned that they may have asbestos in their homes. Asbestos that is in good condition will not release fibers until it is damaged. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to remodel your home and alter it in any way, consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good condition there is no need to remove it. If you are concerned about your health, consult a physician. elgin asbestos attorney can perform various tests to determine whether you suffer from symptoms that are related to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you are employed in a public establishment where you are 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. They can test and visually inspect your home.
How to Get Asbestos Out
Asbestos can be safely removed, as long as the proper precautions are taken. Asbestos removal should only be done by experts who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This includes covering all the waste produced during the project and properly disposing of it. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. This is why strict guidelines are in place to stop this from occurring.
Asbestos that is in good shape and is not disturbed could not pose a health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition examined prior to you start the work. This will enable a professional to determine whether the material needs to be removed prior to commencing any work. It also helps ensure it is properly handled properly, packed, labeled, and transported in accordance with the government regulations.
It is illegal for anyone to work with asbestos without a permit and those who break these regulations face severe penalties. If you suspect that asbestos has been improperly removed from your property, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into air, it is essential to keep the material wet throughout the removal process. Spraying the asbestos prior taking it off with a water/detergent spray will help achieve this. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof vehicle.
Alternatively, small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal any damage. These are sold at stores which specialize in asbestos materials and safety products. See How to Remove Asbestos for more details on how to cover and dispose asbestos properly.