Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have churned through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the 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 however, in general, property owners must keep their structures safe and inform workers of any dangers that could be present.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was previously employed in construction because it was fireproof, chemical corrosion-resistant and insulates. Inhaling asbestos fibers they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is still present in more than 3,000 different products. If you think your workplace or house may contain asbestos, a licensed inspector should inspect the area. A professional can advise you on what you should do when asbestos is found within your home or workplace and will work with a contractor when needed.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some cases, victims can seek compensation under a doctrine of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and is based on the fact that the product is inherently dangerous.
An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you if this theory applies to your particular situation. The law also requires employers to provide safe working conditions and adequate safety education to employees. This requirement can also apply to the owners of structures where asbestos is used if it is known that the building will be utilized by third party employees.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. This system is often criticized for the lack of transparency and because it does not provide future compensation.
Congress considered but did not adopt legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have taken money reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it didn't receive the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in construction materials, and many Americans might have believed the mineral was prohibited. The United States is one the few industrialized countries that do not ban asbestos despite its well-known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work daily on this issue.
The first step toward prohibition came in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the substance and buy it from mining companies.
In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took a further step toward a ban in 2019 when it issued the final rule, which strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.
Trade groups are trying to stop the EPA's efforts to stop asbestos from being used in construction. They claim that a ban on asbestos would affect the supply of chlorine in the country and argue that there are alternatives in place of asbestos. They have hired experts and consultants to help make their case and are now looking to lawmakers who are connected to asbestos companies.
bloomington asbestos lawyer has been fighting this fight for more than 15 year. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and hazardous substance in the United States. This is an important step to ensure that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.
How to Tell if you have Asbestos
Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. They are known 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 range of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung conditions like asbestosis or mesothelioma. These diseases have a long latency period, and victims might not feel symptoms until 20 to 50 years after exposure.
Many people worry about asbestos in their homes. In most cases, asbestos in good condition will not release fibers unless disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material appears slightly damaged, or if you plan to remodel your home and disturb it in any way, you should consult an asbestos abatement expert for a thorough examination.
If asbestos is in good health, there is no need to get rid of it. Consult your doctor if you are concerned about your health. They can conduct a variety of tests to determine whether you're experiencing symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. Additionally, state laws require public employees to receive the same protections. If you work in a public building where you are exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. You should also call an environmental inspector to examine 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 appropriate precautions. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, he or she must follow all federal and state regulations. This involves properly covering and disposing of any waste from the project. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. To prevent this strict rules have been put in place.
Asbestos in good condition that won't be disturbed might not pose any health risks. It is recommended to have any ACM that may be disturbed during renovations or demolition checked prior to when you start the work. This will enable a professional to determine if the material requires removal prior beginning any work. It will also ensure that it is handled in a safe manner, packaged, labeled and shipped in accordance with the regulations of the government.
Anyone who works with asbestos without a permit is violating the law and those who violate it face heavy penalties. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.
To minimize the release of fibers into air, it's important to keep the material damp during the removal process. Spraying the material prior to removal with a detergent or water spray can help in this. Once asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste, and disposed in a leak-proof car.
Alternately, small areas of asbestos in good condition can be covered with commercial products designed to repair holes and seal damages. These are sold at stores that specialize in asbestos-related materials and safety equipment. Learn How to Get Asbestos Out for more information about how to dispose and cover asbestos properly.