Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been tossed around Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state, but in general property owners must keep their structures safe and inform employees of potential dangers.
The Law
Asbestos is a class of naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in over 3,000 different products. If you are concerned that your workplace or home might contain asbestos, a qualified inspector should be able to inspect the area. A professional can advise you on what steps to take if asbestos is present in your workplace or at home and will collaborate with a contractor in the event of need.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence is a challenge. In some cases, victims could be able to claim damages on the basis of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the strict liability, negligence and the different types and advise whether this theory applies to your situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate training in safety. This obligation could be extended to owners of buildings who use asbestos, if they are aware employees from other companies will be using those structures.
Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" which pay injured victims pennies for their past losses. This system has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.
Congress was able to consider but did not adopt, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought asbestos was banned since it is no longer a common building material. However, the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that it's known to cause cancer in any quantity. This is a matter that our lawyers and the world's anti-asbestos community continue to tackle every single day.
The first step towards prohibition came in 1989 when the EPA issued a rule banning the production, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.
In 2016, Congress updated 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 took a major step towards the ban when it issued an order that bolstered the agency's capabilities to prevent asbestos-containing product from returning to the market.
Trade groups are attempting to stop the EPA's attempt to stop asbestos from being used in construction. They argue that a ban would jeopardize the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments, and they are turning to lawmakers who are connected to asbestos-related industries.
Our firm has been fighting this battle for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the dangerous and deadly substance in the United States. This is a crucial step to ensure that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties make them useful in a variety of industrial items, including insulation.
Asbestos can be found in many different types of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces, as well as other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These illnesses may be extremely latency-prone, and victims might not experience symptoms for 20 to 50 years following exposure.
Many people worry that they have asbestos in their home. Asbestos in good health 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 to remodel your home that could affect it, you should consult with an asbestos abatement specialist for further examination.
If asbestos is in good condition, there is no reason to remove it. If you are concerned about your health, consult with a physician. They can perform a variety of tests to determine whether you're experiencing symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally, state laws require public employees to be provided with the same protections. If you work in a public place where you are exposed asbestos, your employer should give you information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection company to examine your home. They can conduct a test on your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos is a safe material to remove, provided the proper precautions are taken. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must adhere to state and federal regulations regarding how the work is done. This includes covering up every waste product generated by the project and disposing it. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related ailments like mesothelioma, cancer, and lung disease. To avoid this strict regulations have been enacted.
If asbestos is in good condition and will not be damaged, it is unlikely to be a health risk. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected prior to begin your work. This will allow a professional to determine whether the material needs to be removed prior to starting any work. It will also ensure that it is handled properly, packed, labeled, and shipped in accordance with the regulations of the government.
Anyone who is working with asbestos without a permit is breaking the law, and violators are subject to heavy penalties. If you suspect improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your local or the state department of environmental health.
To reduce the release of fibers into air, it is essential to keep the material moist throughout the removal process. This can be achieved by spraying the asbestos with a detergent or water mist prior to taking it off. After the asbestos is removed, it should be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and then disposed in a leak-proof car.
Alternatively, carmel asbestos law firm of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are products can be found in stores that specialize on asbestos-related products and safety gear. See How to Remove Asbestos for more details about how to cover and dispose of asbestos safely.