Is Asbestos Legal?
Congress has passed a number of incremental legislation plans, despite the fact that asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals to be evaluated for risk and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. State laws differ, but in general property owners are required to keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that were once popular in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, cancer of the lung 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 are concerned that your workplace or home may contain asbestos, an experienced inspector should inspect the area. A professional can help you determine what should be done should asbestos be found within your home or workplace and collaborate with an abatement contractor should it be necessary.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It can be difficult to prove a defendant's fault. In some cases, victims can claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be established however, instead it relies on the fact that a product was inherently hazardous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you on the possibility of applying this theory to your particular situation. Employers are also required to offer safe working conditions for their employees and provide adequate training in safety. This obligation can be extended to owners of buildings who employ asbestos if they are aware that employees from third parties will be using the buildings.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. The system is criticized for its lack of transparency, as well 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 instead of pursuing litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, it did not receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in building materials, and many Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. This is an issue our lawyers and the rest of the international anti-asbestos movement continue to tackle every single day.
In 1989 in 1989, the EPA issued a rule which prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical companies sued and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining operations.
In 2016 Congress updated Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another step towards a complete ban in 2019, when it released a final rule that strengthens the agency's capability to prevent asbestos-containing products from returning to the market.
However, trade groups are once again trying to stop the EPA's efforts to stop asbestos from being used in construction. They claim that a ban on asbestos would affect the supply of chlorine in the country and claim that there are better alternatives to asbestos. They have hired experts and consultants to help them build their case. They're also looking to legislators with ties to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and dangerous substance in the United States. This is a crucial step to ensure 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 Know if You Are Suffering from Asbestos
Asbestos is minerals that are found naturally and are arranged into long, thin fibres. These materials are known as being tough, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products, including insulation.
skokie asbestos attorney is used in a variety of household and building products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed it releases harmful fibres into atmosphere. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases may have a long latency time and sufferers may not show symptoms for a period of 20 to 50 years following exposure.
Many people are concerned that they may have asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you are planning to make changes to your home or disturb it in any way, consult an asbestos abatement specialist for a thorough examination.
If asbestos is in good shape, there is no reason to remove it. If you are concerned about your health, you should consult with a physician. They can perform a variety of tests to see if you are experiencing symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with information on how to find a contractor that can remove asbestos. You should also contact an environmental inspection firm to examine your home. These professionals can test your home and conduct a detailed visual examination.
How to Get Asbestos Out
Asbestos can be safely removed as long as the proper precautions are followed. For this reason, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos materials from their home, they must follow federal and state laws regarding the manner in which they do it. This includes covering and removing any waste from the project. The improper handling and disposal of asbestos can expose workers and others to asbestos-related ailments, like lung cancer and mesothelioma. To avoid this strict guidelines have been put in place.
If asbestos is in good shape and has not been damaged, it is unlikely to pose a health risk. However, it is highly recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to commencing the work. This will allow the professional to determine whether the material should be abated before starting any work and will also ensure that it is treated, packaged and labeled before being transported and disposed of in compliance with government regulations.
Anyone who is working with asbestos without a permit violates the law, and violators are liable for heavy 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 county or the state department of environmental health.
To minimize the release of fibers into air, it is important to keep the material hydrated during the removal process. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it away. Once asbestos has been removed, it is placed in large plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof car.
Additionally, small areas of asbestos in good condition can be coated with commercial products designed to repair holes and seal damages. These are available at stores that specialize in asbestos products and safety products. Learn How to Remove Asbestos for more details on how to cover and dispose asbestos in a safe manner.