Is Asbestos Legal?
Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. Laws vary by state but generally, property owners must keep their buildings safe and warn employees of potential dangers.
The Law
Asbestos is a range of minerals that are naturally occurring. It was previously used in construction since it was fire resistant, chemical corrosion resistant and insulating. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, cancer of the lung and asbestosis. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos can be found in more than 3000 products. A qualified inspector should inspect your home or work place if you suspect it may contain asbestos. A professional can tell you what to do when asbestos is found in your home or workplace and work with a contractor in the event of need.
It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain instances, victims can claim damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proved and instead relies on the fact that the product was dangerous in its own right.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help you if this theory is applicable to your situation. The law also requires that employers provide safe working conditions and safety training to employees. This obligation can extend to owners of buildings where asbestos is used when it is believed that the building will be used by employees of a third party.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system is criticized for its inconsistency of the system, and because it does not cover future compensation.
In an effort to safeguard the public, Congress has considered but did not pass legislation that would create a $140 billion asbestos trust fund in lieu of litigation. This bill would have taken money kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned In The U.S.
Many Americans may have thought asbestos was banned since it is no longer a common building material. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos campaign continue to tackle every single day.
The first step towards prohibition came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of most asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.
In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, EPA took a major step towards an end to asbestos when it announced an order that bolstered the agency's abilities to prevent asbestos-containing products from resurfacing on the market.
toledo asbestos law firm are attempting to stop the EPA from banning asbestos. These groups argue that a ban could threaten the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to help them make their argument. They are also turning to lawmakers who have ties to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and dangerous substance in the United States. This is a major step to ensure that there is no longer a chance for Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their durability, flexibility, and resistance to fire and chemicals. These properties make them useful in a variety of industrial items, including insulation.
Because asbestos is so versatile, it is used in a variety of buildings and household items. Examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibres into the air. Inhaled fibers can cause serious lung diseases, such as mesothelioma or asbestosis. These diseases can have a long time of latency and patients may not notice symptoms for up to 20 years following exposure.
Many people worry that they might have asbestos in their home. Asbestos in good condition is unlikely to release any fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a renovation that could cause damage to it, you should speak an asbestos abatement expert to conduct a further inspection.
If asbestos is in good shape there is no need to remove it. Consult your physician if you are concerned about your health. They can conduct a variety of tests to see whether you're suffering from symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you work in an asbestos-containing structure the employer has to provide you with details on how to contact a contractor who can remove asbestos. You should also call an environmental inspector to examine your home. They can conduct a test on your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos removal is safe when you follow the correct precautions. Asbestos removal is best done by professionals who are certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos materials from their home, they must follow federal and state regulations on the manner in which they do it. This involves properly covering and removing any waste from the project. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to prevent this from happening.
Asbestos in good health that can't be disturbed may not pose any health risk. It is however recommended that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos expert prior to beginning any work. This will enable the professional to determine whether the material must be removed prior to commencing any work. They will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance with regulations set by the government.
It is illegal to work with asbestos without a license anyone who is in violation of these rules face large fines. If you suspect improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.
In the process of removing asbestos, the substance must be kept moist all the time to limit the release of airborne fibers. Spraying the material prior to getting rid of it using a detergent or water spray can aid in this. Once asbestos has been removed, it is placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos that are in good condition with commercial products that seal holes and repair damage. These products are sold in stores that specialize on asbestos-related materials and safety equipment. For more information on how to properly remove asbestos Learn How to Remove Asbestos.