Is Asbestos Legal?
Although asbestos is still banned numerous legislative proposals for incremental legislation have churned through Congress. One of these, 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.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. Laws vary by state however, generally property owners are required to keep their buildings safe and notify workers of any dangers that could be present.
The Law
Asbestos is a group of naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however, can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 products. If you suspect your workplace or house may contain asbestos, a certified inspector should check the area. A professional can assist you in determining what must be done if this material is present within your home or workplace and collaborate with an abatement company if necessary.
It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, the victims might be able seek damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proved, but instead relies on the fact that a product was inherently dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types and advise you if this theory is applicable to your situation. Employers are also required to provide safe working conditions to their employees and provide adequate training in safety. This obligation could be extended to building owners who use asbestos if they are aware that third-party employees will use those buildings.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" that pay victims of injury 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 provide workers with future compensation.
Congress looked at, but did not pass, legislation that would have established an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned In The U.S.
Many Americans might have believed that asbestos was banned because it is no longer a widely used building material. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work every day to address this issue.
In 1989, the EPA issued a rule that prohibited the production, importation and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and buy it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In the year 2019, EPA made a significant step towards a ban when it released 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's attempt to prohibit asbestos. They argue that the ban on asbestos will affect the supply of chlorine in the country and argue that there are better alternatives to asbestos. They have hired experts and consultants to help them make their case. They are also turning to lawmakers with ties to asbestos.
Our company has been fighting this battle for more than 15 year. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so 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 millions of men, women and children who have been diagnosed with mesothelioma.
How to tell if have asbestos
Asbestos is made up of an assortment of minerals that occur naturally and are arranged into long, thin fibers. They are known for being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products, including insulation.
Asbestos is a component in a variety of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos can also be found on 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 dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These lung diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.
Many people are concerned that they may have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is agitated. Homeowners should check the material for tears, abrasions or water damage. If santa clara asbestos attorney is damaged or you are planning a remodel which could impact it, you must consult with an asbestos abatement specialist for a more thorough inspection.
If asbestos is in good shape there is no reason to remove it from your home. Consult your physician if you are worried about your health. They can recommend a range of tests to see if you are experiencing symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. In addition the state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with details on how to reach a contractor who can remove asbestos. You should also call an environmental inspector to assess your home. These professionals can test your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos removal is safe when you take the right precautions. 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 chooses to remove asbestos materials from their home, they must abide by state and federal regulations regarding how to complete the task. This includes covering all waste generated during the project and properly disposing of it. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related ailments, like lung cancer and mesothelioma. To avoid this strict rules have been put in place.
If asbestos is in good condition and will not be disturbed, it may not pose a health risk. It is however recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will permit the professional to determine whether the material should be removed prior to beginning any work. It will also ensure that it is treated, packaged and labeled before being transported and disposed of in accordance with the regulations of the government.
Anyone who uses asbestos without a permit is breaking the law, and violators face severe penalties. If you suspect that an improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.
In the process of removing asbestos, the material must be kept wet all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a water/detergent mist before taking it away. Once the asbestos has been removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. This material should be clearly marked as asbestos waste and removed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition using commercial products that fill in holes and seal any damage. These products are available at stores that specialize on asbestos-related products and safety equipment. For more information about how to cover and dispose of asbestos Learn How to Remove Asbestos.