Is Asbestos Legal?
Although asbestos is still banned various legislative proposals that are incremental have been floated through Congress. pueblo asbestos lawyer of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be evaluated and reviewed.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. State laws differ however, in general, property owners are required to keep their buildings safe and warn employees of potential dangers.
The Law
Asbestos is a variety of naturally occurring minerals. It was previously used in construction as it was fireproof, chemical corrosion resistant, and an insulator. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, lung cancer and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even in the present, asbestos is found in more than 3,000 products. If you believe your workplace or home may contain asbestos, a licensed inspector should examine the area. A qualified professional can help you decide what you should do if asbestos is present in your workplace or home and will work with a contractor should it be necessary.
It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. It isn't always easy to prove the defendant's guilt. In certain 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, but instead rely on the fact that a product was inherently hazardous.
An asbestos lawyer can provide information on the different kinds of negligence and strict liability and will advise you on whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation could be extended to property owners who employ asbestos if they are aware that employees from third parties will be using the buildings.
Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. This system has been criticized for its lack of transparency and the fact that it does not provide workers with future compensation.
In a bid to protect the public, Congress has considered but was unable to pass legislation that would have created a $140 billion asbestos trust fund in lieu of litigation. This bill would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by corporations or victim advocates.
Is Asbestos Banned In The U.S.
Many Americans might have believed that asbestos was banned due to the fact that it is no longer a commonly used building material. However, the United States is one of the few industrialized countries that does not ban asbestos despite the fact that asbestos has been linked to cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to fight every day.
The first step towards a ban came in 1989 when the EPA issued a rule banning the importation, manufacturing and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos continues to be used in a variety of manufacturing processes, and it's still legal for companies to purchase the material from mining operations and then import it for different purposes.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA took another step towards a complete ban in 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing products from returning to the market.
Trade groups are trying to prevent the EPA from bans on asbestos. These groups claim a ban on asbestos would be a threat to the supply of chlorine in the United States and claim that there are safer options than asbestos. They have hired experts and consultants to help present their arguments and are now turning to lawmakers with ties to asbestos's industry.
Our firm has been fighting this fight 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 continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a huge step towards ensuring that there are no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.
How to Determine if You Are Infected with Asbestos
Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are known for their durability, flexibility, and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products including insulation.
Because asbestos is extremely versatile, it's utilized in a wide range of household and commercial items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes, and other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as asbestosis or mesothelioma. These illnesses can be extremely latency-prone and sufferers might not experience symptoms for a period of 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Asbestos in good condition will not release fibers until it is damaged. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you're planning to make changes to your home or alter it in any way, you must consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, you should consult with a physician. They can conduct a variety of tests to see whether you're experiencing symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you work in a public facility where you are exposed asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. Contact an environmental company to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos is a safe material to remove, as long as the proper precautions are taken. Asbestos removal should only be performed by experts who have been certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must adhere to all state and federal regulations. This includes covering up any waste generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos could expose people and workers to asbestos-related diseases, like lung cancer and mesothelioma. This is why strict regulations are in place to prevent this from occurring.
Asbestos in good condition that can't be disturbed may not pose a health risk. It is however recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos expert prior to commencing the work. This will allow the professional to determine whether the material should be sprayed prior to starting any work. They will also ensure that it is handled, packaged, labeled, transported, and disposed of in accordance with government regulations.
Anyone who is working with asbestos without a permit is breaking the law, and those who do are liable for heavy 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.
To limit the release of fibers into the air, it is crucial to keep the material damp throughout the removal process. Spraying the material prior to taking it off with a water/detergent spray can aid in this. Once the asbestos has been removed, it has to be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof car.
You can also cover small areas of asbestos that are in good condition with commercial products that seal holes and repair damage. These are products can be found in stores that specialize on asbestos-related products and safety equipment. See How to Remove Asbestos for more details about how to cover and dispose of asbestos safely.