Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been tossed around Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. State laws differ however, in general, property owners must keep their premises safe and inform workers of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can lead to serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is present in over 3,000 different products. If you think your workplace or home may contain asbestos, a qualified inspector should be able to inspect the area. A professional can help you determine what steps to take in the event that asbestos is present within your home or workplace and collaborate with an abatement company in the event of a need.
It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. It isn't always easy to prove a defendant's fault. In some instances, the victims may seek 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 explain the various types of negligence and strict liability and will advise you on whether this theory applies to your particular situation. Employers are also required to provide safe working conditions for their employees and adequate education in safety. This requirement can be extended to property owners who employ asbestos if they are aware that third-party employees will use the buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" which pay victims of injury pennies on their past losses. The system is criticized for the lack of transparency, and because it doesn't cover future compensation.
Congress looked at but failed to pass legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victims' advocates.
Is Asbestos Banned In The U.S.
Many Americans may have thought asbestos was banned since it's no longer a widely used building material. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work every day to address this issue.
The first step toward a ban came in 1989 when the EPA issued a directive prohibiting the production, importation and processing of the majority of asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and buy it from mining operations.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list that requires an assessment of risk. In the year 2019, EPA made a significant step towards a ban when it released an act that strengthened the agency's ability to stop asbestos-containing products from returning to the marketplace.
However, trade organizations are trying to block the EPA's effort to ban asbestos. They claim that the ban on asbestos will threaten the country's chlorine supply and argue that there are alternatives than asbestos. They have hired consultants and experts to help them build their case. They are also turning to lawmakers with ties to asbestos.
This is a war that our firm has been involved in for
asbestos more than 15 years. We are proud to have stood with our global partners in the International Ban
Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly chemical in the United States. This is a major step in ensuring that no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.
How to tell if you have asbestos
Asbestos is made up of an assortment of minerals that are found naturally and are organized into long, thin fibres. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These properties made them useful in a variety of industrial items, including insulation.
Asbestos is a component in a variety of building and household products. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for pipes, furnaces as well as other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as mesothelioma or asbestosis. These diseases can have a long latency time and sufferers may not show symptoms for 20 to 50 years following exposure.
Many people are concerned about asbestos in their homes. Asbestos in good condition will not release fibers until it is disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you intend to remodel your home and disturb it in any way, you must consult an asbestos removal expert for a further inspection.
If
asbestos is in good condition there is no reason to remove it. If you are concerned about your health, you should consult a physician. They can perform various tests to determine if you have symptoms linked to exposure to asbestos.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. In addition the state laws require public employees to be provided with the same protections. If you work in a public place that is exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a detailed visual examination.
How to Remove Asbestos
Asbestos removal is secure if you follow the correct precautions. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, he or she must comply with all state and federal regulations. This includes covering and removing all waste resulting from the project. Improperly handling and disposing of asbestos can expose workers and
Asbestos the general public to asbestos-related illnesses, such as lung cancer and mesothelioma. To stop this from happening strict guidelines have been enacted.
If asbestos is in good condition and isn't damaged, it is unlikely to pose a health risk. However, it is advised that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos professional before beginning any work. This will let the professional know whether the material must be removed prior to commencing any work.