Asbestos Legal Matters
After a long struggle, asbestos legal measures resulted in the partial ban in 1989 on the production, processing and distribution of most asbestos-containing products. This ban is still in place.
The December 2020 final TSCA risk evaluation for chrysotile asbestos found unreasonable risks to human health for all ongoing uses of chrysotile asbestos. The April 2019 rule bans the return of these asbestos-containing products to the market.
Legislation
In the United States, asbestos laws are enforced both at the federal and state levels. Although most industrialized nations have banned asbestos however, the US continues to use it in a number of different products. The federal government regulates the use of asbestos in these products as well as regulates
asbestos litigation. State asbestos laws may differ from one state to the next however federal laws generally apply to all states. These laws restrict the claims of people who have suffered asbestos-related injuries.
Asbestos occurs naturally. It is mined from the ground, usually through open-pit mining techniques and is composed of fibrous strands. The strands are processed and mixed with cement or a binding agent to produce asbestos-containing material (ACM). These ACMs are used in a variety of different applications, including floor tiles, shingles, roofing, and clutch faces. In addition to its use for construction materials, asbestos can be found in a variety of other products, including batteries, fireproof clothing and gaskets.
The Environmental Protection Agency (EPA) has strict rules on how asbestos can be used in schools and in homes. The EPA requires that schools inspect their facilities and create plans to identify, contain and manage asbestos-containing materials. The EPA requires that all workers who work with asbestos must be certified and accredited.
The EPA's Asbestos Ban Phase-Out Rule of 1989 was designed to ban the importation, manufacture processing, distribution and export of asbestos products within the US. This was changed in 1991. The EPA recently began examining chemicals that could be harmful and asbestos was included on its list of chemicals that could be harmful to humans.
While the EPA has strict guidelines for how asbestos is handled but it is important to be aware that asbestos is still present in many structures and that people are at risk of being exposed to asbestos. You should always check the condition of all
asbestos litigation-containing materials. If you are planning a major renovation that could disturb the asbestos-containing materials, you must employ a professional to help you plan and conduct the necessary steps to protect yourself and your family from asbestos.
Regulations
In the United States asbestos is regulated both by state and federal laws. It is restricted in certain products, but is still used in other, less harmful applications. It is a cancer-causing chemical that can cause cancer when inhaled. The asbestos industry is governed by strict regulations, and businesses are required to comply with the rules to be able to work there. The transportation and disposal of asbestos-containing materials is also regulated by the state.
The Control of Asbestos at Work Regulations 1987 introduced statutory procedures to ensure that workers are not exposed to asbestos in the workplace. The regulations are applicable to all workers who work with asbestos and employers are required to take measures to limit or eliminate exposure to asbestos to the lowest possible extent. They must also keep records of medical examinations, monitoring of air and face-fit testing.
Asbestos is a complex material that requires specialized knowledge and equipment. For any job that may cause damage to asbestos-containing materials, a licensed asbestos removal contractor is required. The regulations require the contractor to notify the authority that enforces the law of any asbestos-related work and submit a risk assessment to every asbestos removal project. They must also set up a decontamination zone and provide employees with protective clothing and equipment.
After the work is finished an accredited inspector must inspect the area and verify that no asbestos fibers have escaped into the air. The inspector should also verify that the sealant is "locking down" any asbestos. A sample of the air must be taken following the inspection, and if it shows an asbestos concentration higher than what is required, the site must be re-cleaned.
The transportation and disposal of asbestos is controlled by the state of New Jersey and is monitored by the Department of Environmental Protection (DEP). Any business that plans to dispose of asbestos-containing material must obtain a permit from the Department of Environmental Protection before commencing work. Contractors, professional service providers and asbestos elimination specialists are all covered. The permit must include a description of the area and the type of asbestos that will be removed and how it will be transported and stored.
Abatement
Asbestos is a naturally occurring mineral. It was extensively used in the early 1900s to be an insulating material for fires due to its fire retardant properties. It was also inexpensive and durable. Asbestos is known for causing serious health problems, including lung disease, cancer and mesothelioma. Asbestos affected people may be eligible for compensation from asbestos trust fund as well as other sources of financial aid.
OSHA has strict guidelines for asbestos handling. Workers must use specific protective equipment and follow the proper procedures to limit exposure. The agency also requires employers to maintain abatement reports.
Certain states have laws that regulate asbestos elimination. New York, for instance prohibits the building and use of asbestos-containing structures. The law also requires that asbestos-related abatement be performed by licensed contractors. Contractors working on asbestos-containing structures need to be licensed and inform the government.
Workers in asbestos-containing buildings should be trained in a specialized manner. The EPA requires that anyone who plans to work on the construction site with asbestos-containing materials (ACM) notify the EPA at least 90 days before the start of the project. The EPA will review the plan, and may restrict or prohibit the use of asbestos.
Asbestos is present in roofing and floor tiles shingles as well as cement, exterior siding and automobile brakes. These products may release fibers into the air when the ACM is agitated or removed. Inhalation risk is a concern because the fibers are too small to be seen by the naked eye. Non-friable ACM such as the encapsulated flooring and drywall can't release fibers.
A licensed contractor who wishes to conduct abatement on a structure has to get a permit from the Iowa Division of Labor. The contractor must also notify Iowa OSHA and the Department of Natural Resources. The contractor must pay a fee for the annual and initial notifications. In addition those who plan to work at an educational institution must provide the EPA with abatement plans and training for employees. New Jersey requires all abatement businesses to obtain a license issued by the Department of Labor and Workplace Development and their employees to possess workers or supervisory permits.
Litigation
In the latter part of the 1970s and early 1980s, asbestos cases were flooding federal and state courts. Most of these claims were filed by people who suffered respiratory ailments caused by asbestos exposure. Many of these ailments are now being diagnosed as mesothelioma and other cancers. The cases have prompted several states to adopt laws designed to limit the amount of asbestos lawsuits brought in their courts.