Is Asbestos Legal?
Although asbestos remains banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's priority list of chemicals to be evaluated and reviewed.
In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws differ from state to state but generally, property owners are required to ensure their buildings are safe and warn workers of any possible dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos is found in more than 3,000 products. A qualified inspector should inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can help determine what should be done should asbestos be found within your home or workplace and work with an abatement professional if necessary.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some instances, victims could be able to claim damages under the theory of strict liability. flint asbestos law firm of claim eliminates the requirement of proving the four elements of negligence and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can provide information on the various types of negligence and strict liability and will be able to advise you if this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This requirement can also apply to owners of buildings where asbestos is used in the event that it is established that the buildings will be utilized by employees of third parties.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who make this decision are required to create "bankruptcy funds" that pay injured victims pennies on the dollars of their previous losses. This system is criticized for the lack of transparency and because it does not cover future compensation.
Congress looked at but could not approve legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was prohibited because it's not a typical building material. The United States is one the few industrialized countries that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to fight every day on this issue.
The first step toward the ban was in 1989 when the EPA issued a rule banning the production, importation and processing of the majority of asbestos-containing products. The chemical industry sued, and the court overturned 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 substance from mining operations and import it to use for other purposes.
In 2016 Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, the EPA made a significant step towards the ban when it issued an order that bolstered the agency's capacity to stop asbestos-containing products from coming back to the marketplace.
Trade groups are attempting to stop the EPA from banning asbestos. They claim that the ban on asbestos will threaten the country's chlorine supply and claim that there are alternatives to asbestos. They have hired experts and consultants to help them build their case. They're also looking on lawmakers who have connections to asbestos.
This is a fight that our firm has been involved in for over 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a huge step in ensuring that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to tell if you have Asbestos
Asbestos is a grouping of minerals that occur naturally and are arranged into long, thin fibers. They are known for their strength, flexibility and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products including insulation.
Because asbestos is so versatile, it's used in a range of household and industrial items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes and other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the atmosphere. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses can be long-lasting, and victims may not notice symptoms for a period of 20 to 50 years following exposure.
Many people worry that they have asbestos in their home. Asbestos in good shape is unlikely to release any fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel that could affect it, you must consult with an asbestos removal specialist for a more thorough inspection.
If asbestos is in good condition, there is no need to remove it. If you are concerned about your health, you should consult with a physician. They can order a variety of tests to see whether you're suffering from symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally the state laws require public employees to be provided with the same protections. If you work in an asbestos-containing building your employer must provide you with information on how to find a contractor that can remove asbestos. Contact an environmental inspection company to examine your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos removal is safe provided you take the proper precautions. Asbestos removal should be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must follow state and federal regulations regarding how the work is carried out. This includes covering every waste product generated by the project and disposing it. Improper handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict guidelines are in place to prevent this from happening.
If asbestos is in good condition and will not be disturbed, it should not cause health risks. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you begin your work. This will permit the professional to determine whether the material should be abated before starting any work. It will also ensure that it is properly handled, packaged in a way that is labeled, transported and disposed of in compliance with government regulations.
Anyone who uses asbestos without a permit is breaking the law, and those who do face heavy penalties. If you suspect that improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental health.
To limit the release of fibers into air, it's important to keep the material damp throughout the removal process. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it away. Once the asbestos is removed, it should be placed in heavy plastic bags or tarps that are double-wrapped and sealed by tape. This material should be clearly marked as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.
Alternately, small areas of asbestos in good condition can be covered with commercial products designed to repair holes and seal damages. These are available at shops that specialize in asbestos materials and safety items. Learn How to Remove Asbestos for more details on how to cover and dispose asbestos properly.