Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have churned through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals 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, generally, property owners are obliged to keep their properties secure and warn workers of any dangers that could be present.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was previously used in construction as it was fire-resistant, chemical corrosion-resistant and insulation. Inhaling asbestos fibers, however, can cause serious health issues, including asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even in the present, asbestos can be found in over 3,000 different products. A certified inspector should examine your home or work place if you suspect it may contain asbestos. A professional can tell you what to do should asbestos be present in your workplace or at home and will collaborate with a contractor when needed.
You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove the defendant's guilt. In wichita falls asbestos law firm , victims may claim damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and is based on the fact that the product was dangerous.
An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of liability and tell whether this theory applies in your case. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This obligation can be extended to building owners who employ asbestos, if they are aware third-party employees will use the buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system is criticised for its lack of transparency, and because it does not cover future compensation.
Congress looked at but failed to pass legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was prohibited because it's no longer a common building material. However it's true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day on this issue.
The first step toward prohibition came 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 is still used in a few manufacturing processes. It's legal for companies to import the material and buy it from mining companies.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. The EPA made another significant step towards a ban in 2019 when it issued an official rule that enhances the agency's ability to prevent asbestos-containing products from resurfacing on the market.
However, trade organizations continue to block the EPA's effort to prohibit asbestos. The trade groups argue that a ban will affect the nation's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them make their case. They are also turning to lawmakers with ties to asbestos.
Our firm has been fighting this battle for more than 15 year. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly substance in the United States. This is a significant step in ensuring that other Americans will suffer the same fate as millions of men, women and children who have been diagnosed with mesothelioma.
How to Tell if You Are Infected with Asbestos
Asbestos is a grouping of minerals that are naturally occurring and are arranged into long, thin fibres. These materials are well-known for their durability, flexibility, and resistance to fire and chemicals. These properties make them useful in a number of industrial products, including insulation.
Because asbestos is extremely versatile, it's utilized in a wide range of household and building products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for furnaces, pipes and other building materials commonly used.
When asbestos is disturbed, it releases dangerous fibers into the atmosphere. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These lung diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to renovate your home and alter the material in any way, you should seek out an asbestos abatement professional for a second inspection.
If asbestos is in good shape there is no reason to remove it from your home. Consult your physician if you are concerned about your health. They can order a variety of tests to determine if there are symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. In addition the state laws require public employees to receive the same protections. If you work in an asbestos-containing structure your employer must provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental inspection company to assess your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos can be safely removed provided that the appropriate precautions are followed. Because of this, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to state and federal regulations regarding how the work is done. This involves properly covering and removing any waste from the project. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related diseases including lung cancer and mesothelioma. This is why strict guidelines are in place to prevent this from occurring.
Asbestos that is in good shape and is not disturbed could not pose any health risks. It is however recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to starting the work. This will allow a professional to determine whether the material requires removal prior to starting any work. It will also ensure that it is handled in a safe manner, packaged, labeled and transported in compliance with the government regulations.
Anyone who is working with asbestos without a permit violates the law, and violators face severe 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.
When removing asbestos, the material should be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to taking it away. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material should be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
You can also cover small areas of asbestos in good condition by using commercial products that seal holes and repair damage. These are sold at stores which specialize in asbestos materials and safety items. For more details on how to properly remove asbestos, see How to Remove Asbestos.