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 EPA's list of priority chemicals to be evaluated and reviewed.
Property owners are also liable for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, generally property owners must keep their premises safe and inform employees of potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to show up after exposure. Even today, asbestos can be found in more than 3,000 items. 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 determine what steps to take should asbestos be present within your home or workplace and will collaborate with a contractor when needed.
It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence can be difficult. In some instances, victims might be able seek damages under the theory of strict liability. This type of claim removes the need to prove the four elements of negligence and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can explain strict liability, negligence and the various types of negligence and inform whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This requirement can also apply to the owners of buildings that are constructed with asbestos when it is determined that those buildings are used by third party employees.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. The system is criticized for the lack of transparency and because it does not provide future compensation.
In an effort to safeguard the public, Congress has considered but failed to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, mission asbestos law firm didn't get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans may have thought that asbestos was banned because it's not a typical building material. However it's true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the world's anti-asbestos movement continue to work daily on this issue.
In 1989 the year 1989, EPA issued a regulation that prohibits the importation, production, and processing of asbestos-containing products. However chemical industry filed a suit and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the material and buy it from mining operations.
In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos is now on the list of substances that require a risk assessment. In the year 2019, EPA took a major step towards an asbestos ban when it published a rule that strengthened the agency's capabilities to prevent asbestos-containing product from returning to the marketplace.
Trade groups are trying to block the EPA from banning asbestos. They claim that the ban on asbestos will threaten the country's chlorine supply and claim that there are alternatives than asbestos. They have hired consultants and experts to help them build their argument. They're also looking on lawmakers who have connections to asbestos.
Our firm has been fighting this battle 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 eliminates the deadly and dangerous substance in the United States. This is an important step in ensuring that other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.
How to tell if you Are Suffering from Asbestos
Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their toughness, flexibility and resistance to chemical and fire. These properties made them useful in a variety of industrial items, including insulation.
Because asbestos is so versatile, it is used in a wide range of buildings and household products. Examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found on 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. Inhaling asbestos fibers can result in serious lung diseases, such as asbestosis or mesothelioma. These illnesses have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.
Many people are worried about asbestos in their homes. Asbestos in good shape is unlikely to release fibers until it is disturbed. Examine the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning to remodel your home which could impact it, you must consult an asbestos abatement expert to conduct an additional inspection.
If asbestos is in good condition, there is no reason to eliminate it from your home. Consult your physician if you are concerned about your health. They can order a variety of tests to determine if there are symptoms relating to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public building that is exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. Contact an environmental company to examine your home. The experts can examine and test your home.
How to Get Asbestos Out
Asbestos is a safe material to remove, provided that the appropriate precautions are followed. Asbestos removal is best done by experts who are trained and licensed in the proper handling of the substance. If homeowners decide to remove asbestos from their home, they must comply with all federal and state regulations. This includes properly covering any waste generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related illnesses, like lung cancer and mesothelioma. To avoid this strict regulations have been enacted.
Asbestos that is in good shape and is not disturbed could be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected before you begin your work. This will enable the professional to determine whether the material requires to be removed prior to beginning any work. It will also ensure that it is treated, packaged, labeled, transported, and disposed of in compliance with the regulations of the government.
It is illegal for anyone to work with asbestos without a permit and those who break the rules are subject to severe fines. If you suspect that asbestos was not properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
To reduce the release of fibers into the air, it is crucial to keep the material moist throughout the removal process. Spraying the material prior to taking it off with a water/detergent spray will help achieve this. After the asbestos is removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste and then disposed of in a leak-proof vehicle.
You can also protect small areas of asbestos in good condition with commercial products that fill holes and seal damage. These are products can be found in stores that specialize in asbestos-related products and safety gear. For more details about how to cover asbestos and dispose of it read How to Remove Asbestos.