Is Asbestos Legal?
Congress has passed a number of incremental legislation plans, despite the fact that asbestos is still prohibited. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state however, in general, property owners are required to keep their buildings safe and inform workers of any possible dangers.
The Law
Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction since it was fire-resistant, chemical corrosion resistant, and an insulator. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or home may contain asbestos, an experienced inspector should check the area. A professional can help you determine what steps to take if this material is present in your property and will work with an abatement contractor when needed.
You can file a suit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some cases, victims can seek compensation under a doctrine of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.
An asbestos lawyer can explain strict liability, negligence, and the different types of liability and help whether this theory applies in your case. Employers are also required to provide safe working conditions for their employees as well as adequate education in safety. This obligation could be extended to property owners who use asbestos when they are aware that employees from third parties will be using the structures.
Many asbestos producers avoided liability through bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. This system is criticised for the lack of transparency and because it does not cover future compensation.
Congress considered but did not adopt legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. 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 banned because it is no longer a commonly used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its well-known cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to work daily to address this issue.
The first step towards a ban came in 1989, when the EPA issued a regulation prohibiting the importation, manufacturing and processing of most asbestos-containing products. However, the chemical industry sued and the court overturned most of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and purchase it from mining operations.
In 2016 Congress changed the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA took a further step toward a ban in 2019, when it announced a final rule that strengthens the agency's ability to prevent asbestos-containing items from returning to the market.
Trade groups are trying to prevent the EPA from bans on asbestos. These groups claim the asbestos ban would harm the nation's supply of chlorine and argue that there are alternatives to asbestos. They have hired experts and consultants to to make their case and are looking to legislators who have ties to the asbestos industry.
This is a war that our firm has been involved in for over 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a major step towards ensuring that nobody else 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 class of naturally occurring minerals that are arranged in long, thin fibers. They are known for being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products like insulation.
Because asbestos is so versatile, it's employed in a range of household and commercial items. Some examples include vinyl floor tiles, pipe insulation and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these tiny fibers can get into the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases may have a long latency time, and victims may not show symptoms for up to 20 years after exposure.
Many people are concerned that they might have asbestos in their home. 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 appears to be slightly damaged or if you are planning to renovate your home and alter it in any way, you should seek out an asbestos abatement professional for a second inspection.
If asbestos is in good health, there is no need to get rid of it. Talk to your doctor if are concerned about your health. They can order a variety of tests to determine if 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. Additionally indianapolis asbestos attorneys of the state require public employees to be provided with the same protections. If you work in an asbestos-containing structure your employer must provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos removal is secure if you take the proper precautions. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must comply with all federal and state regulations. This includes covering any waste generated by the project, and then disposing of it. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. This is why strict regulations are in place to prevent this from happening.
Asbestos in good health that won't be disturbed might not pose a health risk. However, it is recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will enable a professional to determine whether the material needs to be removed prior to beginning any work. It will also ensure that it is handled properly, packed, labeled, and transported in accordance with the guidelines of the government.
Anyone who works with asbestos without a permit is breaking the law. Those who break it are subject to heavy penalties. If you suspect that asbestos has not been properly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.
To reduce the release of fibers into air, it's important to keep the material hydrated throughout the removal process. Spraying the material before removing it with a water/detergent spray can help in this. After the asbestos has been removed, it is placed in heavy plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste and removed in an enclosed vehicle that is leak-proof.
Alternately, small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are available at stores which specialize in asbestos materials and safety products. For more information on how to properly remove asbestos read How to Remove Asbestos.