Is Asbestos Legal?
Congress has passed several incremental legislation plans despite the fact asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners can be held accountable for asbestos-related injuries. Laws vary state-to-state however, generally property owners must ensure that their buildings safe and notify employees of potential dangers.
The Law
Asbestos is among the naturally occurring minerals that were once a popular choice in construction due to its fire-resistant chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however they can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3000 products. If you suspect your workplace or house may contain asbestos, an experienced inspector should be able to inspect the area. A qualified professional can help you decide what to do if asbestos is present in your workplace or home and can work with a contractor when needed.
It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence can be difficult. In some cases, victims could be able to claim damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established and instead relies on the fact that the product was dangerous in its own right.
An asbestos lawyer can provide information on the different types of strict liability and negligence and will advise you on whether this theory is applicable to your particular situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation can extend to owners of structures where asbestos is used in the event that it is established that the building are utilized by employees of third parties.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't cover workers' future compensation.
Congress looked at but failed to pass, legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer ubiquitous in building materials, and some Americans might have believed asbestos was banned. The United States is one the few industrialized countries 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 movement continue to tackle every single 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. However chemical companies filed a lawsuit and the court ruled in favor of most 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 amended the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos is now on the list of substances that require an assessment of risk. The EPA made another significant step towards a ban 2019, when it released the final rule, which strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.
Trade groups continue to stop the EPA's efforts to prohibit asbestos. They argue that the asbestos ban would harm the nation's supply of chlorine and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to help present their arguments and are looking to legislators who have ties to asbestos companies.
This is a battle that our company has been involved in for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is a crucial step toward ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.
How to tell if you Have Asbestos
Asbestos is a class of naturally occurring minerals that are placed in thin, long fibers. They are known for being flexible, strong and resistant to chemicals and fire. These properties made them useful in a variety of industrial items, including insulation.
Because asbestos is so versatile, it's used in a range of household and building products. Some examples include vinyl floor tiles, pipe insulation and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles and 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. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses have a long duration of incubation, and sufferers might not feel symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a renovation that could affect it, you should speak an asbestos abatement expert for further inspection.
If asbestos is in good shape there is no need to remove it. See your doctor if are concerned about your health. They can order various tests to determine if there are symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment in which you are exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to evaluate your home. They will test your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos can be safely removed, provided that the appropriate precautions are taken. Asbestos removal must be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must follow federal and state laws regarding the manner in which they do it. This includes covering any waste generated during the process and properly disposing it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To prevent this, strict regulations have been put in place.
If asbestos is in good shape and has not been disturbed, it should not cause health risks. It is recommended to have any ACM that may be disturbed during renovation or demolition checked prior to when you start the work. This will enable a professional to determine if the material needs to be removed prior to beginning any work. It will also ensure it is handled wrapped, labeled, and transported according to the guidelines of the government.
Anyone who uses asbestos without a permit is violating the law, and violators are liable for heavy penalties. If you suspect that improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental health.
In west palm beach asbestos lawyer of removing asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the material with a mist of detergent and water prior to taking it away. After the asbestos has been removed, it has to be put into plastic bags or tarps which are double-wrapped with tape. This material must 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 damage. These are sold at stores that specialize in asbestos materials and safety products. Find out How to Remove Asbestos for more details about how to cover and dispose of asbestos in a safe manner.