Is Asbestos Legal?
While asbestos is still banned, several incremental legislative proposals have been passed through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated and reviewed.
Property owners are also responsible for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state however, in general, property owners are required to keep their buildings safe and warn employees of potential dangers.
The Law
Asbestos can be described as a variety of naturally occurring minerals. arkansas asbestos attorneys was previously used in construction because it was fire resistant, chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms can take between 15 and 30 years to show up after exposure. Even in the present, asbestos can be present in more than 3,000 different products. If you think your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can assist you in determining what steps to take when asbestos is found on your property and collaborate with an abatement company when needed.
You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain instances, victims can seek compensation under a doctrine of strict liability. This type of claim removes the requirement of proving the four elements of negligence and relies instead on the fact that the product was inherently dangerous.
An asbestos lawyer can explain strict liability, negligence, and the different types and advise whether this theory applies in your case. Employers are also required to provide safe working conditions for their employees and provide adequate training in safety. This requirement can also apply to owners of buildings where asbestos is used in the event that it is established that the building are utilized by third party employees.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't cover workers' future compensation.
Congress looked at but failed to pass legislation that would have established an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have taken money kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed that asbestos was banned because it is no longer a commonly used building material. However, the United States is one of the few industrialized nations that does not ban asbestos despite the fact that asbestos has been linked to cancer in any amount. This is an issue that our lawyers and the international anti-asbestos campaign continue to fight every day.
The first step towards an end to the ban came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it for other purposes.
In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more power to regulate hazardous chemicals. Asbestos is now on the list that requires a risk assessment. The EPA took a further step towards a complete ban in 2019, when it announced an official rule that enhances the agency's capability to prevent asbestos-containing items from returning to the market.
Trade groups are trying to prevent the EPA from banning asbestos. These groups argue that a ban would threaten the chlorine supply in the country and argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to assist them in making their case. They are also turning on lawmakers who have connections to asbestos.
This is a fight that our firm has been involved in for over 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a huge step towards ensuring that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is one of the naturally occurring minerals that are arranged in thin, long fibers. They are known for being strong, flexible and resistant to fire and chemicals. These qualities made them suitable in a number of industrial products, including insulation.
Asbestos can be found in a variety of household and building items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles and shingles, insulation for furnaces, pipes, and other building materials commonly used.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as asbestosis or mesothelioma. These illnesses may have a long latency time, and victims may not show symptoms for a period of 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. Examine the material for water damage, abrasions or tears. If the material is damaged or you are planning a renovation that could affect it, you must consult with an asbestos abatement specialist to conduct an additional inspection.
If asbestos is in good condition, there is no reason why you should remove it from your home. Talk to your doctor if are worried about your health. They can perform various tests to determine if you have symptoms relating to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. Additionally states' laws require public employees to receive the same protections. If you work in a public place where you are exposed to asbestos, your employer must provide you with information on how to contact an asbestos removal contractor. Contact an environmental company to assess your home. They will test and visually inspect your home.
How to Remove Asbestos
Asbestos is a safe material to remove, as long as the proper precautions are followed. Asbestos removal should only be performed by experts who have been trained and licensed in the proper handling of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must follow federal and state laws regarding the manner in which they do it. This includes properly covering all waste generated during the project and properly disposing of it. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To avoid this, strict regulations have been enacted.
If asbestos is in good shape and isn't disturbed, it may not pose a health threat. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you start the work. This will permit the professional to determine whether the material requires to be abated before starting any work. It will also ensure that it is properly handled, packaged, labeled, transported, and disposed of in compliance with the regulations of the government.
Anyone who uses asbestos without a permit violates the law and those who violate it face severe fines. If you suspect that asbestos was not properly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.
When removing asbestos, the substance must be kept moist all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a mist of detergent and water prior to taking it off. Once the asbestos has been removed, it has to be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste and then disposed in a leak-proof vehicle.
You can also protect small areas of asbestos in good condition with commercial items that seal holes and repair damage. They are available in stores that specialize in asbestos materials and safety equipment. For more details about how to remove asbestos, see How to Remove Asbestos.