Is Asbestos Legal?
Although asbestos is still banned various legislative proposals that are incremental have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.
In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws vary from state to state however, generally property owners must keep their structures safe and inform employees of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer, and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is found in more than 3000 products. If you think your workplace or home might contain asbestos, an experienced inspector should be able to inspect the area. A professional can determine what steps to take should asbestos be present within your home or workplace and will work with a contractor if needed.
You may file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some cases, the victims may be able to seek damages on the basis 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 dangerous.
An asbestos lawyer can explain the different types of strict liability and negligence and will advise you on whether this theory is applicable to your case. The law also requires employers to provide safe working conditions and adequate safety training to employees. This obligation may extend to owners of buildings where asbestos is used if it is known that the building are used by third party employees.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system is often criticized for its lack of transparency, as well because it does not cover future compensation.
In an effort to safeguard the public, Congress has considered but did not pass legislation that would have created an asbestos trust fund of $140 billion fund to replace litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in construction materials, and a lot of Americans may have assumed that the mineral was prohibited. However it is true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos is known to cause cancer in any amount. This is a problem that our lawyers and the rest of the world's anti-asbestos community continue to work on every day.
The first step towards prohibition came in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of all asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and then import it for different purposes.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another step toward a ban in 2019, when it released the final rule, which strengthens the agency's capacity to stop asbestos-containing products from coming back onto the market.
However, trade groups continue to stop the EPA's plan to ban asbestos. They argue that a ban would threaten the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments and are now turning to lawmakers with ties to asbestos-related industries.
Our firm has been fighting this battle for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and dangerous substance in the United States. This is a huge move to ensure that nobody else Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to Determine if You Have Asbestos
Asbestos is a collection of minerals that naturally occur and are formed into long, fine fibres. These materials are regarded as being flexible, strong and resistant to chemicals and fire. somerville asbestos attorneys make them ideal in a number of industrial products, such as insulation.
Asbestos is used in a variety of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibres into the atmosphere. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These illnesses can have a long latency time and sufferers might not experience symptoms for 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. Asbestos in good health will not release fibers until it is agitated. Homeowners should inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a renovation which could impact it, you should consult with an asbestos removal specialist for further examination.
If asbestos is in good condition, there is no need to eliminate it. If you are concerned about your health, you should consult a doctor. They can order a variety of tests to determine if there are symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration 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 a public facility where you are exposed to asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. Contact an environmental company to assess your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos removal is safe provided you take the appropriate precautions. Asbestos removal should be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner chooses to remove asbestos from their home, they must adhere to federal and state regulations on how the work is done. This includes covering all the waste produced by the project, and then disposing of it. Improper handling and disposal asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from occurring.
Asbestos that is in good shape and will not be disturbed may not pose a health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition examined prior to you begin work. This will enable the professional to determine whether the material requires to be abated before starting any work. They will also ensure that it is properly handled, packaged, labeled, transported, and disposed of in compliance with the regulations of the government.
It is illegal for anyone to work with asbestos without a license Anyone who does not comply with these regulations face severe penalties. If you suspect that improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
When removing asbestos, the substance must be kept wet at all times to reduce the release of airborne fibers. Spraying the material prior to getting rid of it using a detergent or water spray can help in this. Once the asbestos has been removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof vehicle.
Additionally small areas of asbestos that are in good condition can be covered with commercial products that are designed to repair holes and seal damages. They are available in stores that specialize in asbestos materials and safety products. For more information on how to properly cover asbestos and dispose of it read How to Remove Asbestos.