Is Asbestos Legal?
Although asbestos is still banned, several incremental legislative proposals have been passed through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals to be reviewed and assessed for risk.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, however, in general, property owners are obliged to keep their properties secure and warn workers of any possible dangers.
The Law
Asbestos is a class of naturally occurring minerals that once were popular in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however it can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be present in more than 3,000 different products. If you suspect your workplace or home might contain asbestos, a qualified inspector should inspect the area. A professional can advise you on what needs to be done when asbestos is found on your property and work with an abatement professional when needed.
You can file a suit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some cases, victims might be able seek damages on the basis of strict liability. This type of claim eliminates any need to prove four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.
An asbestos lawyer can explain the different kinds of strict liability and negligence and can advise on whether this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and safety training to employees. This obligation could extend to owners of buildings where asbestos is utilized in the event that it is established that the buildings are used by third party employees.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. This system is criticised for its lack of transparency and because it doesn't cover future compensation.
Congress considered but could not approve, legislation that would have established the $140 billion trust fund for asbestos to be used in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in building materials, and some Americans might have believed asbestos was banned. However the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to work daily to address this issue.
In 1989 the year 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In the year 2019, EPA made a significant step towards the ban when it issued a rule that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the market.
However, trade organizations continue to block the EPA's effort to ban asbestos. These groups argue that a ban would threaten the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them build their argument. They are also turning to legislators with ties to asbestos.
Our firm has been fighting this fight for more than 15 year. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and hazardous substance in the United States. This is a crucial 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 Tell if you have Asbestos
Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These materials are known for their flexibility, strength and resistance to chemical and fire. These qualities made them useful in a variety of industrial products such as insulation.
Asbestos is utilized in a variety of household and building products. Some examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as many 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, such as asbestosis and mesothelioma. These illnesses may have a long time of latency, and victims may not show symptoms for a period of 20 to 50 years following exposure.
Many people are concerned that they have asbestos in their home. In most cases asbestos in good condition will not release fibres unless disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a remodel that could disturb it, you must consult with an asbestos removal specialist to conduct an additional inspection.
If asbestos is in good health there is no need to remove it. If you are concerned about your health, consult a physician. They can perform a variety of tests to determine if you are experiencing symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. These professionals can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe when you take the proper precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must follow state and federal regulations regarding how to complete the task. This includes properly covering all waste generated by the project and disposing it. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related diseases like lung cancer, and mesothelioma. To prevent this strict guidelines have been put in place.
Asbestos that is in good condition and can't be disturbed may not pose any health risk. However, it is advised that you have any ACM that could be affected through demolition or renovations inspected by an asbestos expert prior to beginning any work. This will enable a professional to determine whether the material needs to be removed prior to starting any work. It will also make sure that it is handled in a safe manner, packaged, labeled and transported according to the guidelines of the government.
It is unlawful for anyone to work on asbestos without a valid license, and those who violate these rules face large fines. If you suspect that asbestos has not been properly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration.
To limit iowa city asbestos attorneys of fibers into the air, it's important to keep the material hydrated during the removal process. Spraying the material prior to taking it off with a water/detergent spray can aid in this. After the asbestos has been removed, it must be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof car.
You can also protect small areas of asbestos that are in good condition with commercial items that fill in holes and seal any damage. These products are available in stores that specialize on asbestos-related products and safety gear. See How to Get rid of Asbestos to learn more on how to cover and dispose asbestos in a safe manner.