Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been floated through Congress. One of them is 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 can also face liability for asbestos-related injuries. The laws vary from state to state however, generally, property owners are required to keep their premises secure and inform 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 fire resistant as well as chemical corrosion resistant and insulates. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer, and asbestosis. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 items. A certified inspector should examine your workplace or home when you suspect it may contain asbestos. A professional can determine what steps to take when asbestos is found in your workplace or at home and will work with a contractor when needed.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain cases, victims may claim damages under a theory of strict liability. This type of claim removes the requirement to prove 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 negligence and strict liability and will advise you on whether this theory applies to your particular situation. The law also requires that employers provide safe working conditions and adequate safety training to employees. This obligation could be extended to owners of buildings who employ asbestos when they are aware that employees from other companies will be using those buildings.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized for its lack of transparency as well as the fact that it does not cover workers' future compensation.
In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would establish an asbestos trust fund of $140 billion fund in lieu of litigation. The bill would have taken funds reserved by manufacturers, bankruptcy trusts, and insurance companies to compensate 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 may have assumed that the mineral was prohibited. The United States is one the few industrialized countries that do not ban asbestos despite its cancer-causing properties. This is an issue our lawyers and the rest of the world's anti-asbestos community continue to fight every day.
The first step towards a ban came in 1989 when the EPA issued a directive prohibiting the importation, manufacturing and processing of most asbestos-containing products. However chemical companies sued and the court upheld most of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and then import it for other purposes.
In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took a further step towards a ban 2019 when it issued a final rule that bolsters the agency's capacity to stop asbestos-containing products from returning to the market.
Trade groups continue to stop the EPA's efforts to ban asbestos. These groups argue that a ban could threaten the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help make their case and are now turning to legislators who have ties to the asbestos industry.
This is a battle our company has been involved in for over 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and hazardous substance in the United States. This is a crucial 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 tell if you have Asbestos
Asbestos is made up of an assortment of minerals that naturally occur and are formed into long, fine fibres. They are known for their toughness, flexibility and resistance to chemicals and fire. These properties made these materials useful in a range of industrial products, including insulation.
Asbestos is used in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes, and other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases may have a long time of latency and patients may not notice symptoms for up to 20 years following exposure.
Many people are worried that they may 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 is damaged or you are planning a renovation which could impact it, you should consult with an asbestos abatement specialist for a more thorough inspection.
If asbestos is in good shape there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can conduct various tests to determine if there are symptoms related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building the employer has to provide you with the information needed to contact a contractor who can remove asbestos. Contact an environmental inspection company to assess your home. They 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 professionals who are licensed and certified in the proper handling and disposal of the material. If escondido asbestos lawsuit decides to eliminate asbestos from their home, he or she must adhere to all federal and state regulations. This involves properly covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict regulations are in place to stop this from happening.
If asbestos is in good condition and is not disturbed, it may not pose a health risk. It is however recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before beginning the work. This will permit the professional to determine whether the material must be abated before starting any work. It will also ensure that it is handled, packaged in a way that is labeled, transported and disposed of in compliance with government regulations.
It is illegal for anyone to work with asbestos without a license and those who break these regulations face severe penalties. If you suspect that improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
During the removal of asbestos, the material needs to be kept wet throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to removing it. After the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material should be clearly labeled as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
Alternatively small areas of asbestos in good condition can be covered with commercial products designed to make holes or seal the damage. These are sold at stores that specialize in asbestos materials and safety products. Learn How to Get Asbestos Out for more information on how to cover and dispose asbestos safely.