Is Asbestos Legal?
Congress has passed a number of incremental legislation proposals despite the fact asbestos is still prohibited. One of these proposals, 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.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. Laws vary state-to-state however, in general, property owners must ensure that their premises safe and inform workers of any dangers that could be present.
The Law
Asbestos is a variety of naturally occurring minerals. It was once employed in construction because it was fireproof, chemical corrosion-resistant and an insulator. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, cancer of the lung and asbestosis. Symptoms can take 15 to 30 years to manifest after exposure. Even today, asbestos is present in more than 3,000 different products. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A professional can help determine what should be done should asbestos be found within your home or workplace and collaborate with an abatement contractor in the event of a need.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain instances, victims may claim damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and relies instead on the fact that the product was dangerous.
An asbestos lawyer can explain strict liability, negligence, and the different types and advise you on the possibility of applying this theory to your situation. The law also requires employers to provide safe working conditions and adequate safety training to employees. This obligation could be extended to property owners who employ asbestos when they are aware that third-party employees will use the buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system has been criticized due to its lack of transparency as well as 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 instead of pursuing litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought asbestos was banned since it's no longer a commonly used building material. The United States is one the few industrialized countries that do not prohibit asbestos despite its well-known cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to fight every day on this issue.
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 the majority of asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and purchase it from mining operations.
In 2016, Congress updated Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took a further step toward a ban in 2019, when it announced a final rule that strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.
Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that the ban on asbestos will harm the nation's supply of chlorine and claim that there are alternatives than asbestos. They have hired experts and consultants to assist them in making their argument. They're also reaching out to legislators with ties to asbestos.
This is a battle our firm has been involved in for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the dangerous and deadly substance in the United States. This is an important step to ensure that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.
How to Know if You Have Asbestos
Asbestos is made up of an assortment of minerals that are found naturally and are laid out into long, thin fibres. These minerals are renowned for their toughness, flexibility and resistance to chemicals and fire. These qualities made them suitable in a variety of industrial products, such as insulation.
Because asbestos is so versatile, it's used in a variety of household and industrial products. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the atmosphere. Inhaled fibers can cause serious lung diseases, such as asbestosis or mesothelioma. These diseases have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a remodel that could affect it, you should check with an asbestos abatement specialist for further inspection.
If asbestos is in good shape there is no reason not to remove it from your home. Talk to your doctor if are concerned about your health. They can perform various tests to determine whether you suffer from symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees also receive the same protection. 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 sioux city asbestos law firm to assess your home. They will test your home and conduct a thorough visual inspection.
How to Get Asbestos Out
Asbestos removal is safe when you take the right precautions. This is why asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This involves properly covering and removing any waste from the project. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. This is why strict guidelines are in place to stop this from occurring.
If asbestos is in good condition and is not affected, it will not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to start the work. This will permit the professional to determine whether the material must be abated before starting any work. They will also ensure that it is properly handled, packaged and labeled before being transported and disposed of according to the rules of the government.
Anyone who works with asbestos without a permit is in violation of the law and those who violate it are subject to heavy penalties. If you suspect that asbestos has been improperly removed from your property, call your local environmental department or state quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into the air, it is important to keep the material hydrated during the removal process. Spraying the asbestos prior to getting rid of it using a detergent or water spray can aid in this. Once the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition with commercial products that can fill holes and seal damages. They are available in stores that specialize in asbestos materials and safety items. Check out How to Get rid of Asbestos to learn more about how to cover and dispose of asbestos properly.