Is Asbestos Legal?
Congress has passed several incremental legislations, despite the fact that asbestos is still banned. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws vary from state to state however, generally, property owners are obliged to keep their properties secure and inform employees of any risks that might be present.
The Law
Asbestos is a variety of minerals that are naturally occurring. It was once used in construction as it was fire resistant, chemical corrosion resistant and insulation. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. The symptoms may take 15 to 30 years to show up after exposure. Even today, asbestos is found in more than 3,000 products. If you believe your workplace or home might contain asbestos, a licensed inspector should be able to inspect the area. A professional can assist you in determining what should be done should asbestos be found within your home or workplace and collaborate with an abatement company if necessary.
You can file a lawsuit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove the fault of a defendant. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proved and instead relies on the fact that the product was a risk in itself.
An asbestos lawyer can explain strict liability, negligence and the different types of liability and help whether this theory applies to your situation. Employers are also required to provide safe working conditions to their employees as well as adequate training in safety. This requirement can be extended to property owners who employ asbestos if they know that employees from third parties will be using the buildings.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who make this decision are required to fund "bankruptcy funds" which pay victims of injury pennies on their past losses. This system is often criticized for the lack of transparency, and since it doesn't cover future compensation.
Congress was able to consider, but did not pass legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. This bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in building materials, and some Americans may have assumed that the mineral was prohibited. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to fight every day on this issue.
The first step toward the ban was in 1989 when the EPA issued a regulation prohibiting the production, importation, and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA made another significant step towards a complete ban in 2019 when it issued a final rule that strengthens the agency's ability to prevent asbestos-containing products from returning to the market.
Trade groups are trying to block the EPA from bans on asbestos. They argue that a ban will affect the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments, and they are turning to lawmakers who have ties to the asbestos industry.
Our company has been fighting this fight for more than 15 year. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly chemical in the United States. This is a significant step towards ensuring that no 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 determine if you have asbestos
Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are well-known for their strength, flexibility and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products, including insulation.
Asbestos is used in many different types of household and building products. Examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces, as well as other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These diseases may have a long time of latency and patients may not notice symptoms for up to 20 years following exposure.
Many people are worried about asbestos in their homes. In most cases asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a remodel that could affect it, you should check with an asbestos abatement specialist for a more thorough examination.
If asbestos is in good condition there is no need to remove it. If you are concerned about your health, consult a doctor. They can order a variety of tests to see whether you're suffering from symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in an asbestos-containing structure your employer is required to provide you with the information needed to connect with a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. The experts can inspect your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos can be safely removed, as long as the proper precautions are followed. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos-containing materials from their house, they must comply with federal and state laws regarding how the work is done. This includes covering up any waste generated by the project, and then disposing of it. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. This is why strict guidelines are in place to prevent this from happening.
Asbestos in good condition that can't be disturbed may be safe for health. It is recommended to have any ACM which will be disturbed during renovation or demolition checked prior to when you begin the work. This will allow an expert to determine whether the material requires abatement before commencing any work. It will also ensure it is properly handled properly, packed, labeled, and transported in compliance with the regulations of the government.
Anyone who is working with asbestos without a permit is violating the law and those who violate it are liable for heavy fines. If you suspect that asbestos has been improperly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.
To prevent the release of fibers into the air, it is essential to keep the material damp throughout the removal process. This can be accomplished by spraying the material with a detergent or water mist prior to taking it away. Once the asbestos is removed, it needs to be placed in large plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof car.
Alternatively torrance asbestos lawyer of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. They are available in stores that specialize in asbestos-related materials and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.