Is Asbestos Legal?
Although asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. Laws vary by state however, in general, property owners must ensure that their premises safe and inform employees of potential dangers.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was previously employed in construction because it was fire resistant, chemical corrosion resistant, and insulates. Inhaling asbestos fibers, however they can trigger serious health issues, such as lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even today, asbestos is present in more than 3,000 different products. A qualified inspector should be able to inspect your home or work place in the event that you suspect it could contain asbestos. A professional can advise you on what needs to be done when asbestos is found in your property and will work with an abatement contractor when needed.
It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim removes the need to prove the four elements of negligence and relies instead on the fact that the product was dangerous.
An asbestos lawyer can provide information on the different types of negligence and strict liability and can advise on whether this theory applies to your situation. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This requirement can also apply to the owners of buildings that are constructed with asbestos if it is known that those buildings will be utilized by third party employees.
Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. bakersfield asbestos attorneys is criticized for the lack of transparency, as well because it doesn't cover future compensation.
Congress was able to consider but did not adopt legislation that would have established an investment fund of $140 billion for asbestos instead of pursuing litigation. This bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.
Is Asbestos Banned In The U.S.
Asbestos is not as prevalent in construction materials, and a lot of Americans might have believed the mineral was not allowed. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.
The first step toward the ban was in 1989 when the EPA issued a directive prohibiting the production, importation and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.
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 chemicals that require a risk analysis. In the year 2019, EPA took a major step towards an end to asbestos when it announced an order that bolstered the agency's capacity to stop asbestos-containing products from resurfacing on the marketplace.
However, trade organizations are once again trying to stop the EPA's plan to stop asbestos from being used in construction. These groups claim a ban on asbestos would affect the supply of chlorine in the country and argue that there are alternatives to asbestos. They have hired experts and consultants to help to make their case, and they are turning to legislators who have ties to asbestos-related industries.
This is a war that our firm has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
Asbestos is made up of an assortment of minerals that naturally occur and are laid out into long, thin fibres. They are known for being strong, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.
Asbestos is utilized in many different types of building and household products. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These lung diseases have a long latency period, and victims may not notice symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is disturbed. Check the material for water damage, abrasions or tears. If the material is damaged or you are planning a renovation that could cause damage to it, you should consult with an asbestos abatement specialist to conduct an additional examination.
If asbestos is in good condition there is no reason to remove it from your home. See your doctor if are worried about your health. They can order a variety of tests to determine if you have symptoms that are related to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. Additionally the laws of the state oblige public employees to have the same protections. If you work in an asbestos-containing building the employer has to provide you with information on how to connect with a contractor who can remove asbestos. You should also call an environmental inspector to evaluate your home. These professionals can test and visually inspect your home.
How to Remove Asbestos
Asbestos can be safely removed provided that the appropriate precautions are followed. Asbestos removal should only be performed by experts who have been certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all federal and state regulations. This involves properly covering and removing all waste from the project. Improperly handling and disposing of asbestos could expose workers and the public to asbestos-related diseases, like lung cancer, and mesothelioma. To stop this from happening, strict regulations have been enacted.
If asbestos is in good shape and isn't affected, it will not cause health risks. However, it is highly recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos expert prior to beginning the work. This will enable a professional to determine whether the material requires removal prior commencing any work. It will also make sure that it is properly handled properly, packed, labeled, and shipped in accordance with the regulations of the government.
Anyone who is working with asbestos without a permit is violating the law. Those who break it face severe fines. If you suspect that asbestos has been improperly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.
In the process of removing asbestos, the material should be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to taking it away. Once asbestos has been removed, it needs to be placed in heavy plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.
Alternately 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 stores which specialize in asbestos materials and safety items. For more details about how to cover and dispose of asbestos Learn How to Remove Asbestos.