Is Asbestos Legal?
Congress has approved several incremental legislation plans despite the fact that asbestos is still banned. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. State laws differ, but in general property owners are required to keep their buildings safe and warn workers of the potential hazards.
The Law
Asbestos is a variety of naturally occurring minerals. It was once employed in construction because it was fire resistant, chemical corrosion resistant, and an insulator. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 items. If you are concerned that your workplace or house may contain asbestos, an experienced inspector should examine the area. A professional can help determine what needs to be done when asbestos is found in your property and will collaborate with an abatement company should it be necessary.
You can bring a lawsuit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove the fault of a defendant. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product is inherently 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 and adequate education in safety. This obligation may extend to owners of buildings where asbestos is used when it is believed that the buildings are utilized by employees of third parties.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who comply with this procedure are required to fund "bankruptcy funds" that pay injured victims pennies on the dollars of their previous losses. The system is criticized for its inconsistency of the system, and because it does not cover future compensation.
Congress looked at, but did not pass legislation that would have established a $140 billion trust fund for asbestos to be used in lieu of litigation. The legislation would have taken funds reserved by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.
Is Asbestos Banned In The U.S.
Many Americans might have believed that asbestos was banned because it is no longer a widely used building material. However, the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact it's known to cause cancer in any amount. This is a matter that our lawyers and the world's anti-asbestos movement continue to work on each day.
The first step towards a ban came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other purposes.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards the ban when it issued an ordinance that strengthened the agency's capacity to stop asbestos-containing products from returning to the marketplace.
Trade groups are trying to prevent the EPA from prohibiting asbestos. These groups claim that a ban could threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments, and they are turning to lawmakers who are connected to the asbestos industry.
This is a fight that our company has been involved in for over 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.
How to Tell if You Have Asbestos
Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their flexibility, strength and resistance to chemical and fire. These properties made them useful in a variety of industrial products, such as insulation.
Asbestos is utilized in many different types of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are a few examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, and many other common building materials.
When asbestos is disturbed it releases dangerous fibres into the air. Inhaling these tiny fibers can get into the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases may have a long latency time and patients may not notice symptoms for up to 20 years after exposure.
Many people are worried that they may have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged, or if you plan to remodel your house and alter the material in any way, consult an asbestos abatement specialist for a second inspection.
If asbestos is in good condition, there is no need to get rid of it. Consult your doctor if you are concerned about your health. They can conduct various tests to determine if you suffer from symptoms linked to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer should provide information on how to contact an asbestos abatement contractor. Contact pawtucket asbestos lawyer to examine your home. They will test your home and conduct a thorough visual inspection.
How to Remove Asbestos
Asbestos can be safely removed provided that the proper precautions are taken. As a result, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, they must comply with all federal and state regulations. This includes covering any waste generated by the project and disposing it. The improper handling and disposal of asbestos could expose workers and others to asbestos-related illnesses, including lung cancer and mesothelioma. To stop this from happening strict rules have been enacted.
If asbestos is in good condition and is not damaged, it is unlikely to pose a health threat. However, it is recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos expert prior to commencing the work. This will allow a professional to determine if the material requires removal prior to beginning any work. It will also ensure it is properly handled wrapped, labeled, and shipped in accordance with the government regulations.
Anyone who is working with asbestos without a permit is violating the law. Those who break it are subject to heavy fines. If you suspect that an improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.
In the process of removing asbestos, the material should be kept moist all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a mist of water or detergent prior to removing it. Once asbestos has been removed, it is stored in plastic bags or tarps which are double-wrapped and sealed with tape. This material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.
You can also protect small areas of asbestos in good condition using commercial products that fill holes and seal damage. These products are sold in stores that specialize on asbestos-related products and safety gear. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.