Is Asbestos Legal?
Although asbestos is still banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may also face liability for asbestos-related injuries. Laws vary by state, but in general property owners must ensure that their premises safe and inform workers of any dangers that could be present.
The Law
Asbestos is a range of naturally occurring minerals. It was previously employed in construction because it was fire-resistant, chemical corrosion resistant and insulating. Inhaling asbestos fibers, however it can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is present in over 3,000 different products. If you think your workplace or home may contain asbestos, a qualified inspector should examine the area. A professional can assist you in determining what must be done when asbestos is found on your property and collaborate with an abatement contractor when needed.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It can be difficult to prove a defendant's fault. In some cases, the victims could be able to claim damages on the basis 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 was inherently dangerous.
An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise whether this theory applies to your situation. The law also requires employers to provide safe working conditions and adequate safety training for employees. This requirement can also apply to the owners of structures where asbestos is used if it is known that the buildings will be used by employees of a third party.
Many asbestos producers 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 due to its lack of transparency as well as the fact that it doesn't cover workers' future compensation.
Congress looked at, but did not pass, legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to pay compensation. It was not supported by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was banned because it is not a typical building material. However the United States is one of the few industrialized nations that do not have a ban on asbestos, despite the fact that asbestos has been linked to cancer in any quantity. This is an issue our lawyers and the international anti-asbestos movement continue to fight every day.
virginia asbestos attorneys toward a ban came in 1989, when the EPA issued a rule banning the importation, manufacturing and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court reversed the majority of the ban. Asbestos is still utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other uses.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took a further step towards a complete ban in 2019 when it issued a final rule that bolsters the agency's capacity to stop asbestos-containing products from coming back onto the market.
Trade groups are once again trying to stop the EPA's efforts to prohibit asbestos. The trade groups argue that a ban could threaten the nation's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to assist them in making their case. They are also reaching out to lawmakers who have ties to asbestos.
Our company has been fighting this battle for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. These materials are known as being strong, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products like insulation.
Asbestos is a component in many different types of household and building products. Examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces, and other common building materials.
When asbestos is disturbed, it releases harmful fibres into atmosphere. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases have a long time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibres unless they are disturbed. Inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning a renovation that could affect it, you should consult with an asbestos specialist to conduct an additional examination.
If asbestos is in good condition, there is no need to remove it. Talk to your doctor if are concerned about your health. They can perform various tests to determine whether you suffer from symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public building that is exposed to asbestos, your employer must give you information on how to contact an asbestos removal contractor. You should also call an environmental inspector to examine your home. They will examine and test your home.
How to Get Asbestos Out
Asbestos removal is secure if you take the appropriate precautions. As a result, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, he or she must follow all federal and state regulations. This includes covering and disposing of all waste from the project. The improper handling and disposal of asbestos could expose people and workers to asbestos-related diseases such as lung cancer and mesothelioma. This is why strict regulations are in place to stop this from occurring.
If asbestos is in good shape and will not be damaged, it is unlikely to pose a health threat. However, it is advised that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will enable the professional to determine whether the material requires to be sprayed prior to starting any work. They will also ensure that it is handled, packed, labeled, transported, and then disposed of in accordance with government regulations.
Anyone who uses asbestos without a permit is in violation of the law, and those who do face heavy penalties. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
When removing asbestos, the substance must be kept wet constantly to minimize the release of airborne fibers. Spraying the asbestos prior to taking it off with a water/detergent spray can aid in this. Once the asbestos is removed, it is placed in heavy plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste, and disposed in a leak-proof car.
Alternatively, small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal damage. These products are sold in stores that specialize on asbestos-related products and safety equipment. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.