Is Asbestos Legal?
Congress has passed a number of incremental legislations, despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. Laws vary by state however, generally property owners must keep their structures safe and inform workers of potential dangers.
The Law
Asbestos is among the naturally occurring minerals that were once popular in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is found in more than 3,000 items. If you suspect your workplace or home might contain asbestos, a qualified inspector should inspect the area. A professional can determine what to do should asbestos be present in your home or workplace and work with a contractor should it be necessary.
salem asbestos attorney is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some cases, victims could be able to claim damages under the theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and is based on the fact that the product was inherently dangerous.
An asbestos lawyer can explain the various kinds of negligence and strict liability and can advise on whether this theory is applicable to your case. Employers are also required to ensure safe working conditions for their employees, and to provide adequate education in safety. This obligation can be extended to property owners who use asbestos when they are aware that employees from other companies will be using those structures.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do this are required to provide "bankruptcy funds" that pay injured victims pennies on their past losses. This system is criticised for its inconsistency of the system, and since it doesn't cover future compensation.
To protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have utilized the funds of 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.?
Many Americans might have believed that asbestos was prohibited because it's no longer a widely used building material. However, the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day on this issue.
In 1989 in 1989, the EPA issued a regulation that prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and buy it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. The EPA took another major step toward a ban in 2019, when it released a final rule that bolsters the agency's capacity to stop asbestos-containing products from resurfacing on the market.
However, trade groups are trying to stop the EPA's efforts to ban asbestos. They argue that the ban on asbestos will threaten the country's chlorine supply and claim that there are alternatives in place of asbestos. They have hired experts and consultants to assist them in making their argument. They are also turning to legislators with ties to asbestos.
This is a battle that our company has been involved in for more than 15 years. We are proud of our participation with 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 major step to ensure that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to Tell if You Are Infected with Asbestos
Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.
Because asbestos is extremely versatile, it's utilized in a wide range of buildings and household products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes and other building materials commonly used.
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 long-lasting, and victims may not be symptomatic for 20 to 50 years after exposure.
Many people are worried that they might have asbestos in their homes. Asbestos in good health 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 should consult with an asbestos removal specialist for a more thorough examination.
If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, seek advice from a physician. They can order a variety of tests to determine whether you are suffering from symptoms associated with asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building your employer must provide you with information on how to find a contractor that can remove asbestos. You should also call an environmental inspector to assess your home. The experts can inspect your home and conduct a detailed visual examination.
How to Get Asbestos Out
Asbestos removal is secure if you take the appropriate precautions. This is why asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must adhere to the federal and state regulations for how the work is done. This includes covering up any waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. To avoid this, strict regulations have been enacted.
If asbestos is in good shape and has not been affected, it will not pose a health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you begin work. This will allow the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is treated, packaged and labeled, transported and then disposed of in accordance to the rules of the government.
Anyone who works with asbestos without a permit is in violation of the law and those who violate it are subject to heavy penalties. If you suspect that asbestos has not been properly removed from your property, call your local environmental department or state quality department or the Occupational Safety and Health Administration.
To reduce the release of fibers into air, it is essential to keep the material wet throughout the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. Once the asbestos has been removed, it needs to be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly identified as asbestos waste and removed in an enclosed vehicle that is leak-proof.
You can also cover small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. These are available at shops that specialize in asbestos products and safety equipment. Learn How to Remove Asbestos for more details about how to dispose and cover asbestos properly.