Is Asbestos Legal?
Congress has approved a variety of incremental legislation proposals, despite the fact that asbestos is still banned. One of these proposals, 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.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws differ from state to state however, generally, property owners are required to keep their premises secure and warn workers of any dangers that could be present.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction because it was fireproof as well as chemical corrosion resistant and an insulator. However, inhaling asbestos fibres can cause serious health issues, including lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in over 3,000 different products. A qualified inspector should inspect your workplace or home if you suspect that it might contain asbestos. A professional can determine what you should do should asbestos be found in your home or workplace and will work with a contractor when needed.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, victims may be able to seek damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be proven however, instead it relies on the fact that a product was a risk in itself.
An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory applies in your case. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This obligation could extend to owners of structures where asbestos is used when it is believed that the building will be used by employees of a third party.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system is criticized for the lack of transparency and because it does not cover future compensation.
Congress was able to consider, but did not pass legislation that would have created the $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have taken money reserved 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 may have thought that asbestos was banned because it's no longer a commonly used building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its well-known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work every day to address this issue.
The first step towards a ban came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still utilized in certain manufacturing processes, and it's legal for firms to purchase the material from mining operations and then import it for different purposes.
In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos has been added the list that requires an assessment of risk. In 2019, the EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's capacity to stop asbestos-containing products from coming back to the marketplace.
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 could threaten the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help argue their case and are now looking to lawmakers with ties to asbestos's industry.
This is a battle our company has been involved in for more than 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly chemical in the United States. This is an important step in ensuring that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is minerals that are naturally occurring and are organized into long, thin fibres. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These properties made them useful in a variety of industrial products, including insulation.
Asbestos can be found in many different types of building and household products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung conditions like asbestosis or mesothelioma. These diseases may be extremely latency-prone and sufferers may not show symptoms for a period of 20 to 50 years after exposure.
greenville asbestos attorneys are concerned that they might have asbestos in their home. Asbestos in good condition is not likely to release fibers until it is damaged. Examine the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning to remodel your home which could impact it, you should check an asbestos abatement expert to conduct a further inspection.
If asbestos is in good condition, there is no reason not to remove it from your home. Talk to your doctor if are worried about your health. They can conduct various tests to determine if you suffer from symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-containing structure the employer has to provide you with information on how to find a contractor that can remove asbestos. Contact an environmental company to assess your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos removal is safe provided you follow the correct precautions. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If homeowners decide to remove asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related ailments like mesothelioma, cancer, and lung disease. To stop this from happening strict rules have been put in place.
If asbestos is in good shape and is not affected, it will not pose a health risk. However, it is advised that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos professional before beginning any work. This will allow the professional to determine whether the material must be sprayed prior to starting any work and will also ensure that it is properly handled, packaged, labeled, transported, and then disposed of in accordance with government regulations.
It is illegal to work with asbestos without a permit and those who break these regulations face severe penalties. If you suspect that an improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or the state department of environmental health.
To limit the release of fibers into the air, it is essential to keep the material wet throughout the removal process. Spraying the material before getting rid of it using a detergent or water spray can aid in this. Once asbestos has been removed, it is placed in large plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition using commercial products that can fill holes and seal damages. These are products can be found in stores that specialize in asbestos-related products and safety equipment. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.