Is Asbestos Legal?
While asbestos is still banned, several incremental legislative proposals have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be evaluated and reviewed.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. State laws differ, but in general property owners must ensure that their structures safe and inform workers of the potential hazards.
The Law
Asbestos is a group of naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is present in over 3,000 different products. A certified inspector should examine your workplace or home in the event that you suspect it could contain asbestos. A professional can assist you in determining what must be done if this material is present within your home or workplace and work with an abatement professional in the event of a need.
It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. It isn't always easy to prove the defendant's guilt. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established however, instead it relies on the fact that a product was inherently dangerous.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform whether this theory applies to your situation. The law also requires that employers provide safe working conditions and safety training for employees. This obligation could be extended to building owners who use asbestos, if they are aware employees from other companies will be using those buildings.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who comply with this procedure are required to create "bankruptcy funds" which pay injured victims pennies for their past losses. This system has been criticized due to its lack of transparency and the fact that it does not cover workers' future compensation.
Congress looked at but did not adopt, legislation that would have established an investment fund of $140 billion for asbestos in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned in the U.S.?
Asbestos is no longer a common ingredient in building materials, and some Americans may have assumed that the mineral was prohibited. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos movement continue to work on every day.
In 1989 in 1989, the EPA issued a rule which prohibits the importation, production, and processing of asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it to use for different purposes.
In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In 2019, the EPA made a significant step towards an end to asbestos when it announced an order that bolstered the agency's capacity to stop asbestos-containing products from returning to the market.
Trade groups are once again trying to stop the EPA's efforts to prohibit asbestos. The trade groups argue that a ban would jeopardize the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to make their case, and they are turning to lawmakers who are connected to the asbestos industry.
This is a battle our firm has been involved in for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and dangerous substance in the United States. This is a significant step in ensuring that other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.
How to tell if have asbestos
Asbestos is an assortment of minerals that naturally occur and are organized into long, thin fibres. They are known for being tough, flexible and resistant to chemicals and fire. These properties made them useful in a variety of industrial products, including insulation.
Asbestos is a component in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces and other common building materials.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases like asbestosis or mesothelioma. These illnesses may be long-lasting, and victims may not be symptomatic for up to 20 years following exposure.
Many people worry about asbestos in their home. Asbestos in good health will not release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning a remodel that could affect it, you should speak with an asbestos abatement specialist to conduct a further inspection.
If asbestos is in good health there is no reason to remove it. If you are concerned about your health, consult a doctor. They can order various tests to determine if there are symptoms relating to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in a public facility in which you are exposed to asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. Contact an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos removal is safe when you take the appropriate precautions. Asbestos removal should be performed by experts who have been trained and licensed in the proper handling of the substance. If homeowners decide to remove asbestos from their home, he or she must adhere to all state and federal regulations. This includes covering all the waste produced by the project, and then disposing of it. The improper handling and disposal of asbestos can expose workers and others to asbestos-related ailments, like lung cancer, and mesothelioma. This is why strict guidelines are in place to prevent this from happening.
If asbestos is in good shape and isn't affected, it will not pose a health threat. However, it is highly recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos expert prior to beginning any work. This will allow a professional to determine whether the material needs to be removed prior to beginning any work. It will also ensure that it is properly handled wrapped, labeled, and shipped in accordance with the government regulations.
It is unlawful for anyone to work with asbestos without a license and those who break the rules are subject to severe fines. If skokie asbestos attorneys suspect that asbestos has not been properly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.
When removing asbestos, the material should be kept wet at all times to reduce the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray can aid in this. After the asbestos has been removed, it should 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 in a leak-proof car.
Alternatively small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These products are available at stores that specialize on asbestos-related products and safety equipment. For more details about how to remove asbestos learn about how to remove Asbestos.