Is Asbestos Legal?
Congress has approved a variety of incremental legislation plans despite the fact asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws differ between states, but generally, property owners are required to ensure their buildings are secure and inform workers of any possible dangers.
The Law
Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can trigger serious health issues, such as asbestosis, lung cancer and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even in the present, asbestos is present in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect that it might contain asbestos. A professional can help you determine what steps to take when asbestos is found in your property and will work with an abatement contractor in the event of a need.
It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove a defendant's fault. In certain cases, victims might be able seek damages under the theory of strict liability. deerfield beach asbestos lawyer of claim does not require the four elements of negligence to be established, but instead rely on the fact that a product was inherently hazardous.
An asbestos lawyer can explain the different types of strict liability and negligence and advise you on whether this theory applies to your particular situation. The law also requires employers to provide secure working conditions and safety training to employees. This obligation can extend to owners of buildings that are constructed with asbestos in the event that it is established that the buildings are used by employees of a third party.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.
In an effort to protect the public, Congress has considered but failed to pass legislation to establish an asbestos trust fund of $140 billion fund in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to provide compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought asbestos was banned since it's not a typical building material. The United States is one the few industrialized countries that do not ban asbestos despite its well-known cancer-causing properties. This is an issue that our lawyers and the international anti-asbestos movement continue to work on every day.
The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the production, importation and processing of all asbestos-containing products. However chemical companies sued and the court upheld most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining companies.
In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, the 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 resurfacing on the market.
Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that asbestos bans would threaten the country's chlorine supply and claim that there are alternatives to asbestos. They have hired consultants and experts to assist them in making their argument. They are also reaching out to lawmakers who have ties to asbestos.
Our firm has been fighting this fight for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is a significant step in ensuring that other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.
How to Determine if You Are Suffering from Asbestos
Asbestos is made up of minerals that are naturally occurring and are laid out into long, thin fibers. These materials are known for their flexibility, strength and resistance to chemicals and fire. These qualities make them ideal in a variety of industrial products, like insulation.
Because asbestos is so versatile, it is used in a wide range of household and commercial products. 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, shingles, insulation for furnaces, pipes as well as other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses can have a long time of latency, and victims may not show symptoms for 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is agitated. Examine the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to remodel your house and alter the material in any way, you should consult an asbestos removal expert for a further inspection.
If asbestos is in good condition, there is no reason to remove it from your home. Consult your doctor if you are worried about your health. They can perform various tests to determine if you suffer from symptoms relating 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 require public employees to be provided with the same protections. If you work in an asbestos-containing building the employer has to provide you with information on how to connect with a contractor who can remove asbestos. You should also call an environmental inspector to examine your home. They will test your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos can be safely removed, provided that the appropriate precautions are taken. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, they must adhere to all federal and state regulations. This includes properly covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos can put workers and general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict rules are in place to stop this from happening.
If asbestos is in good shape and is not disturbed, it should not pose a health threat. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected prior to begin the work. This will allow an expert to determine if the material requires abatement before starting any work. It also helps ensure it is handled properly, packed, labeled, and transported in compliance with the regulations of the government.
Anyone who uses asbestos without a permit is breaking the law. Those who break it face severe penalties. If you suspect that asbestos was improperly removed from your property, call your local environmental department or state quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. Spraying the asbestos prior to removal with a detergent or water spray can aid in this. After the asbestos is removed, it must be placed in thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste, and disposed in a leak-proof car.
You can also cover small areas of asbestos in good condition using commercial products that fill in holes and seal any damage. They are available in stores which specialize in asbestos materials and safety items. Find out How to Remove Asbestos for more details about how to cover and dispose of asbestos properly.