Is Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have been passed through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals for review and risk assessment.
Property owners are also responsible for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state but generally, property owners must ensure that their structures safe and inform workers of any dangers that could be present.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers they can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 different products. If you believe your home or workplace may contain asbestos, a certified inspector should check the area. A qualified professional can help you decide what you should do if asbestos is present within your home or workplace and will collaborate with a contractor in the event of need.
It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove the fault of a defendant. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be established and instead relies on the fact that a product was inherently dangerous.
An asbestos lawyer can provide information on the different kinds of strict liability and negligence and will advise you on whether this theory is applicable to your situation. phoenix asbestos lawyer are also required to offer safe working conditions for their employees and provide adequate training in safety. This obligation could extend to owners of buildings that are constructed with asbestos when it is determined that the buildings will be used by third party employees.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do this are required to create "bankruptcy funds" which pay injured victims pennies on their losses in the past. This system is criticized for the inconsistency of the system, and because it does not cover future compensation.
In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. The legislation would have taken funds reserved by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and some Americans might have believed that the mineral was banned. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos has been linked to cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to fight every day to address this issue.
In 1989 in 1989, the EPA issued a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical companies sued and the court reversed most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and buy it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos has been added the list of chemicals that require a risk assessment. The EPA took another step towards a ban in 2019, when it released the final rule, which strengthens the agency's ability to prevent asbestos-containing products from returning to the market.
However, trade organizations continue to stop the EPA's plan to prohibit asbestos. These groups argue that a ban would jeopardize the supply of chlorine in the country and claim 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 who have ties to asbestos companies.
This is a fight that our company has been involved in for over 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and dangerous substance in the United States. This is a major 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 an assortment of naturally occurring minerals that are arranged in long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to chemical and fire. These qualities made them useful in a range of industrial products including insulation.
Because asbestos is so versatile, it's employed in a wide range of household and industrial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung conditions like asbestosis or mesothelioma. These diseases may have a long latency time and sufferers may not be symptomatic 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 shape is unlikely to release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a renovation that could affect it, you should consult an asbestos abatement expert to conduct an additional examination.
If asbestos is in good condition there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can conduct a variety of tests to determine whether you're suffering from symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in a public facility where you are exposed asbestos, your employer should give you information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. They can test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe if you take the appropriate precautions. For this reason, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This includes properly covering and removing all waste resulting from the project. Incorrectly handling and disposing of asbestos can expose workers and others to asbestos-related diseases like lung cancer and mesothelioma. This is why strict rules are in place to prevent this from occurring.
If asbestos is in good shape and is not affected, it will not pose a health threat. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will allow the professional to determine whether the material must be sprayed prior to starting any work and will also ensure that it is handled, packed, labeled, transported, and disposed of according with the regulations of the government.
It is illegal to work with asbestos without a license Anyone who does not comply with these regulations face severe penalties. If you suspect that an improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.
During the removal of asbestos, the material needs to be kept moist throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the asbestos with a mist of detergent and water prior to taking it off. After the asbestos is removed, it must be placed in large plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.
Alternatively, small areas of asbestos in good condition can be covered with commercial products that are designed to make holes or seal the damage. These are available at stores that specialize in asbestos products and safety items. See How to Get rid of Asbestos to learn more on how to cover and dispose asbestos properly.