Is Asbestos Legal?
Although asbestos is still banned numerous legislative proposals for incremental legislation have churned through Congress. One of these proposed legislations, 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, as are mining companies. State laws differ however, in general, property owners are required to keep their structures safe and inform workers of the potential hazards.
The Law
Asbestos is a class of naturally occurring minerals that were once a popular choice in construction due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place if you suspect it may contain asbestos. A professional can help you determine what should be done should asbestos be found within your home or workplace and work with an abatement contractor in the event of a need.
You can file a suit against the manufacturer when they produce asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims can pursue damages based on a theory of strict liability. houston asbestos lawyer of claim does not require the four elements of negligence to be proven and instead relies on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the different kinds of negligence and strict liability and will advise you on whether this theory is applicable to your situation. Employers are also required to ensure safe working conditions for their employees and provide adequate education in safety. This obligation could extend to owners of buildings where asbestos is utilized in the event that it is established that the buildings will be used by employees of a third party.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't guarantee future compensation for workers.
Congress considered but failed to pass legislation that would have established a $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts, 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 isn't as widespread in construction materials, and a lot of Americans might have believed the mineral was prohibited. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the international anti-asbestos campaign continue to work on every day.
The first step towards prohibition came in 1989, when the EPA issued a rule prohibiting the production, importation and processing of all asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.
In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. In the year 2019, EPA made a significant step towards an asbestos ban when it published an order that bolstered the agency's ability to stop asbestos-containing products from coming back to the market.
Trade groups are attempting to block the EPA's effort to prohibit asbestos. These groups argue that a ban would jeopardize the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments and are now looking to lawmakers with ties to asbestos-related industries.
Our firm has been fighting this fight for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and hazardous substance in the United States. This is a crucial step toward ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.
How to determine if you have Asbestos
Asbestos is made up of an assortment of minerals that are naturally occurring and are arranged into long, thin fibres. These materials are regarded as being flexible, strong and resistant to chemicals and fire. These qualities make them ideal in a variety of industrial items, including insulation.
Because asbestos is extremely versatile, it's utilized in a range of buildings and household products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles or shingles, 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, the microscopic fibers could enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These illnesses may be extremely latency-prone and patients may not show symptoms for 20 to 50 years following exposure.
Many people are concerned about asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you intend to renovate your home and disturb it in any way, consult an asbestos removal expert to conduct a more thorough inspection.
If asbestos is in good condition, there is no reason to remove it from your home. See your doctor if are concerned about your health. They can perform a variety of tests to see whether you're suffering from symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in a public place where you are exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to examine your home. They will test your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos removal is safe when you take the proper precautions. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering all waste generated by the project and disposing it. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related diseases, such as lung cancer and mesothelioma. To prevent this strict guidelines have been put in place.
If asbestos is in good shape and is not affected, it will not cause health risks. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected before you start the work. This will permit the professional to determine whether the material should be removed prior to commencing any work. It will also ensure that it is properly handled, packaged and labeled before being transported and disposed of in compliance with government regulations.
It is illegal to work in asbestos without a license and those who break these rules can face substantial fines. If you suspect that asbestos has been improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.
When removing asbestos, the substance must be kept moist at all times to reduce the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray can help in this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
Alternatively, small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal damage. These are available at shops that specialize in asbestos products and safety products. Find out How to Remove Asbestos for more details on how to cover and dispose of asbestos safely.