Is Asbestos Legal?
Although asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.
Property owners are also liable for asbestos-related injuries, as are mining companies. State laws differ, but in general property owners are required to keep their buildings safe and notify workers of the potential hazards.
The Law
Asbestos is a range of minerals that are naturally occurring. It was previously used in construction as it was fire-resistant, chemical corrosion resistant and an insulator. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, lung cancer and asbestosis. The symptoms can take between 15 and 30 years to manifest after exposure. Even in san angelo asbestos attorneys , asbestos can be found in more than 3,000 products. If you are concerned that your home or workplace may contain asbestos, a licensed inspector should inspect the area. A professional can help you determine what must be done should asbestos be found within your home or workplace and work with an abatement professional if necessary.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It isn't always easy to prove a defendant's fault. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates any need to prove four elements of negligence and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can explain the different types of negligence and strict liability and will advise you on whether this theory applies to your particular situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate education in safety. This requirement can also apply to the owners of buildings where asbestos is used if it is known that the building are utilized by employees of third parties.
Many asbestos producers avoided liability through bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" that pay injured victims pennies for their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't provide workers with future compensation.
Congress looked at but failed to pass, legislation that would have established an investment fund of $140 billion for asbestos as a substitute for litigation. The bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may 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 which does not prohibit asbestos despite the fact that it's known to cause cancer in any quantity. This is an issue that our lawyers and the international anti-asbestos movement continue to tackle every single day.
In 1989 the year 1989, EPA issued a regulation that banned the importation, manufacture, and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it for other purposes.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another major step towards a ban 2019, when it announced an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.
Trade groups are trying to block the EPA from banning asbestos. They claim that a ban on asbestos would threaten the country's chlorine supply and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to aid them in making their case. They are also turning to legislators with ties to asbestos.
This is a fight that our firm has been involved in for over 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a major step in ensuring that there are no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to Determine if You Are Infected with Asbestos
Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. They are known for being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.
Because asbestos is so versatile, it's employed in a myriad of household and building items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are some examples. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as numerous other building materials that are 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 diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.
Many people are worried that they may have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is damaged. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to remodel your home and alter the material in any way, it is recommended to consult an asbestos abatement expert for a thorough examination.
If asbestos is in good shape there is no reason to eliminate it from your home. Consult your physician if you are concerned about your health. They can order various tests to determine if there are symptoms related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building where you are exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. Contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos removal is secure if you take the right precautions. As a result, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, they must follow all state and federal regulations. This involves properly covering and disposing of all waste resulting from the project. Improper handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. This is why strict rules are in place to prevent this from occurring.
If asbestos is in good condition and is not damaged, it is unlikely to pose a health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected prior to begin the work. This will allow a professional to determine whether the material requires removal prior commencing any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and shipped in accordance with the government regulations.
Anyone who uses asbestos without a permit violates the law, and those who do are liable for heavy fines. If you suspect that an improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
When removing asbestos, the material needs to be kept moist at all times to reduce the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray will aid in this. Once the asbestos is removed, it needs to be placed in large plastic bags or tarps double-wrapped and sealed with tape. This material must be clearly marked as asbestos waste and disposed of 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 are available at stores that specialize in asbestos products and safety equipment. For more details on how to properly cover asbestos and dispose of it read How to Remove Asbestos.