Is Asbestos Legal?
While asbestos is still banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.
Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, but generally, property owners are obliged to keep their properties secure and warn employees of any risks that might be present.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction as it was fire-resistant, chemical corrosion-resistant and insulating. Inhaling asbestos fibers, however they can trigger serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should inspect your workplace or home if you suspect it may contain asbestos. A professional can determine what to do should asbestos be present in your home or workplace and will collaborate with a contractor in the event of need.
trenton asbestos attorneys can file a suit against the manufacturer when they produce asbestos-containing products. It is often difficult to prove a defendant's fault. In some cases, victims might be able to pursue damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead rely on the fact that the product was inherently hazardous.
An asbestos lawyer can provide information on the different types of strict liability and negligence and will be able to advise you if this theory applies to your situation. Employers are also required to offer safe working conditions for their employees, and to provide adequate education in safety. This obligation could be extended to owners of buildings who employ asbestos if they know that employees from third parties will be using the buildings.
Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it doesn't pay future workers' compensation.
Congress was able to consider but did not adopt, legislation that would have created the $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was prohibited because it's no longer a commonly used building material. However it's true that the United States is one of the few industrialized countries that doesn't ban asbestos, despite the fact that it's known to cause cancer in any quantity. This is a matter that our lawyers and the international anti-asbestos campaign continue to fight every day.
In 1989 in 1989, the EPA published a rule that prohibited the manufacture, importation and processing of asbestos-containing products. However, the chemical industry sued and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the substance and buy it from mining companies.
In 2016 Congress amended the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA made another significant step towards a ban 2019 when it published a final rule that bolsters the agency's ability to prevent asbestos-containing products from returning to the market.
However, trade groups are attempting to stop the EPA's plan to stop asbestos from being used in construction. They argue that asbestos bans would harm the nation's supply of chlorine and claim that there are alternatives than asbestos. They have hired consultants and experts to aid them in making their argument. They are also reaching out to lawmakers with ties to asbestos.
Our company has been fighting this fight for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance 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 made up of a collection of minerals that occur naturally and are formed into long, fine fibres. These materials are known for their strength, flexibility and resistance to fire and chemicals. These properties make them useful in a variety of industrial products, like insulation.
Because asbestos is so versatile, it is used in a myriad of buildings and household items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases, such as mesothelioma or asbestosis. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their home. Most of the time asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to make changes to your home or alter it in any way, you should consult an asbestos abatement expert for a further inspection.
If asbestos is in good condition there is no reason to remove it from your home. If you are concerned about your health, consult with a physician. They can order various tests to determine if there are symptoms relating to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. In addition the laws of the state require public employees to receive the same protections. If you are employed in a public establishment in which you are exposed to asbestos, your employer should give you information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to assess your home. They will test your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos removal is safe provided you take the proper precautions. Asbestos removal should only be performed by professionals who are trained and licensed in the proper handling of the material. If homeowners decide to remove asbestos from their home, they must comply with all state and federal regulations. This includes properly covering all the waste produced by the project and disposing it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is the reason strict regulations are in place to stop this from occurring.
Asbestos that is in good shape and is not disturbed could not pose any health risk. However, it is advised that you have any ACM that could be affected by demolition or renovation inspected by an asbestos professional before beginning any work. This will allow a professional to determine if the material needs to be removed prior to commencing any work. It will also make sure that it is properly handled, packed, labeled and transported according to the government regulations.
Anyone who uses asbestos without a permit is violating the law, and those who do are liable for heavy fines. If you suspect that an improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
During the removal of asbestos, the material must be kept moist constantly to minimize the release of airborne fibers. This can be accomplished by spraying the material with a mist of water or detergent prior to taking it away. After the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
Alternatively small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These products are available at stores that specialize in asbestos materials and safety equipment. Find out How to Remove Asbestos for more information about how to dispose and cover asbestos safely.