Is Asbestos Legal?
Although asbestos is still banned several incremental legislative proposals have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. Laws vary by state, but in general property owners must ensure that their buildings safe and warn workers of the potential hazards.
The Law
Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, cancer of the lung and asbestosis. The symptoms can take between 15 and 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3,000 products. If you are concerned that your home or workplace may contain asbestos, a qualified inspector should inspect the area. A professional can tell you what to do if asbestos is present in your home or workplace and will work with a contractor should it be necessary.
You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established however, instead it relies on the fact that the product was inherently hazardous.
An asbestos lawyer can provide information on the various types of strict liability and negligence and will advise you on whether this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation could be extended to building owners who employ asbestos if they are aware that employees from third parties will be using the buildings.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that do this are required to fund "bankruptcy funds" which pay victims of injury pennies based on their previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't cover workers' future compensation.
In an effort to protect the public, Congress has considered but did not pass legislation to establish a $140 billion asbestos trust fund to replace litigation. This bill would have taken money kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos is not as prevalent in building materials, and some Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos campaign continue to tackle every single day.
The first step towards prohibition came in 1989 when the EPA issued a directive prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical companies sued, and the court reversed 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 companies.
In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos is now on the list of chemicals that require an assessment of risk. The EPA took another step toward a ban in 2019 when it issued an official rule that enhances the agency's ability to prevent asbestos-containing items from returning to the market.
Trade groups are trying to block the EPA from bans on asbestos. They argue that a ban on asbestos would harm the nation's supply of chlorine and claim that there are alternatives in place of asbestos. They have hired consultants and experts to help them build their argument. They are also reaching out on lawmakers who have connections to asbestos.
Our firm has been fighting this fight for more than 15 year. 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 dangerous and deadly substance in the United States. This is a significant step to ensure that nobody else Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.
How to Determine if You Are Suffering from Asbestos
Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. They are known for their strength, flexibility and resistance to chemicals and fire. These properties made them useful in a number of industrial products, like insulation.
Asbestos is utilized in a variety of building and household items. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed it releases harmful fibers into the atmosphere. Inhaling the fibers can trigger serious lung diseases such as asbestosis or mesothelioma. These diseases may be long-lasting and patients may not be symptomatic for 20 to 50 years after exposure.
concord asbestos attorney are concerned about asbestos in their home. The majority of the time asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material is damaged or you are planning a remodel which could impact it, you should speak with an asbestos abatement specialist to conduct an additional inspection.
If asbestos is in good shape, there is no reason to remove it from your home. If you are concerned about your health, seek advice from a physician. They can conduct various tests to determine if there are symptoms that are related to exposure to asbestos.
Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building your employer is required to provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. They will test your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos is a safe material to remove, provided that the proper precautions are followed. For this reason, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, they must follow all federal and state regulations. This includes properly covering all the waste produced by the project, and then disposing of it. Unsafe handling and disposal of asbestos can expose workers and the public to asbestos-related diseases such as lung cancer and mesothelioma. To prevent this strict guidelines have been enacted.
Asbestos that is in good condition and will not be disturbed may not pose any health risk. It is however recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos expert prior to beginning the work. This will let the professional know whether the material must be abated before starting any work. It will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance to the rules of the government.
Anyone who uses asbestos without a permit is breaking the law and those who violate it face heavy penalties. If you suspect that asbestos was improperly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
To prevent the release of fibers into the air, it is important to keep the material wet during the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. After the asbestos has been removed, it has to be put into plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof vehicle.
Alternatively small areas of asbestos in good condition can be covered with commercially-made products designed to make holes or seal the 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 information on how to cover and dispose asbestos in a safe manner.