Is Asbestos Legal?
Although asbestos is still banned numerous legislative proposals for incremental legislation have been floated through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals for review and risk assessment.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. Laws vary by state however, generally property owners must keep their premises safe and inform employees of potential dangers.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers they can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a qualified inspector should examine the area. A professional can help determine what must be done if this material is present on your property and collaborate with an abatement company in the event of a need.
You may file a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving the defendant's negligence can be difficult. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the various types of negligence and strict liability and can advise on whether this theory is applicable to your case. The law also requires employers to provide secure working conditions and safety training for employees. This obligation could be extended to building owners who use asbestos when they are aware that employees from other companies will be using those buildings.
Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that use this method are required to pay "bankruptcy funds" which pay victims of injury pennies on their previous losses. This system is often criticized for the inconsistency of the system, and because it doesn't cover future compensation.
In a bid to protect the public, Congress has considered but was unable to pass legislation that would create a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to pay compensation. It was not supported by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans might have believed asbestos was banned since it is no longer a widely used building material. However, the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos has been linked to cancer in any amount. This is a matter that our lawyers and the international anti-asbestos campaign continue to tackle every single day.
The first step toward an end to the ban came in 1989, when the EPA issued a directive prohibiting the production, importation, and processing of all asbestos-containing products. However chemical companies sued and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. The EPA took another step toward a ban in 2019, when it announced the final rule, which strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.
Trade groups are attempting to prevent the EPA from prohibiting asbestos. They claim that a ban on asbestos would be a threat to the supply of chlorine in the United States and claim that there are alternatives in place of asbestos. They have hired experts and consultants to aid them in making their case. They are also turning on lawmakers who have connections to asbestos.
This is a battle that our company has been involved in for more than 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a huge step to ensure that no more Americans suffer the same fate as those millions of women, men 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. They are known for being strong, flexible and resistant to chemicals and fire. These properties make them useful in a variety of industrial items, including insulation.
Asbestos is used in many different types of building and household items. Some 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 ceiling tiles and shingles, as well as insulation for furnaces, pipes and other building materials that are commonly used.
When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These illnesses can be extremely latency-prone and patients may not notice symptoms for up to 20 years after exposure.
Many people are concerned about asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a home remodel that could affect it, you should speak an asbestos abatement expert to conduct a further inspection.
If asbestos is in good health there is no need to eliminate it. Consult your physician if you are worried about your health. oklahoma asbestos lawyer can order various tests to determine whether you suffer from symptoms that are related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-containing structure your employer is required to provide you with information on how to find a contractor that can remove asbestos. Contact an environmental inspection firm to evaluate your home. The experts can examine and test your home.
How to Remove Asbestos
Asbestos can be safely removed provided the proper precautions are followed. Asbestos removal must be performed by professionals who are certified and trained in the proper handling of the substance. If homeowners decide to remove asbestos from their home, he or she must follow all state and federal regulations. This includes properly covering and disposing of all waste from the project. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to stop this from occurring.
If asbestos is in good condition and isn't disturbed, it should not cause health risks. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected before you begin the work. This will permit the professional to determine whether the material must be removed prior to commencing any work and will also ensure that it is handled, packed in a way that is labeled, transported and disposed of according with regulations set by the government.
Anyone who works with asbestos without a permit is violating the law and those who violate it face heavy fines. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
To minimize the release of fibers into the air, it is essential to keep the material wet during the removal process. This can be achieved by spraying the material with a mist of detergent and water prior to removing it. Once the asbestos is removed, it is placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
You can also protect small areas of asbestos in good condition by using commercial products that fill in holes and seal any damage. These are available at shops that specialize in asbestos materials and safety items. For more information about how to remove asbestos learn about how to remove Asbestos.