Is Asbestos Legal?
While asbestos is still banned, several legislative proposals with incremental provisions have been floated through 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 to be reviewed and assessed for risk.
In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws differ from state to state however, generally, property owners are required to ensure their buildings are secure and inform workers of any dangers that could be present.
The Law
Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction since it was fireproof, chemical corrosion resistant, and insulates. Inhaling asbestos fibers, however they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even today, asbestos is found in more than 3,000 products. If you believe your workplace or home might contain asbestos, a licensed inspector should check the area. A professional can assist you in determining what should be done if this material is present on your property and collaborate with an abatement contractor in the event of a need.
It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some instances, the victims can seek damages under a theory 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 a product was inherently dangerous.
An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell whether this theory applies to your situation. The law also requires that employers provide safe working conditions and adequate safety training to employees. This requirement can be extended to building owners who use asbestos if they are aware that employees from other companies will be using those structures.
Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. The system is criticized for its lack of transparency and because it doesn't cover future compensation.
In an effort to safeguard the public, Congress has considered but did not pass legislation that would create a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies to pay compensation. It was not supported by victim advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer a common ingredient in building materials, and some Americans may have assumed that the mineral was banned. The United States is one the few industrialized nations that do not ban asbestos despite its cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to work day in and day out on this issue.
In 1989 the year 1989, EPA issued a rule which prohibits the importation, production, and processing of asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it to use for other uses.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos has been added to the list of substances that require a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued a rule that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the market.
Trade groups are trying to block the EPA from bans on asbestos. These groups claim the asbestos ban would affect the supply of chlorine in the country and claim that there are better alternatives than asbestos. They have hired experts and consultants to aid them in making their argument. They're also looking to lawmakers who have ties to asbestos.
Our company has been fighting this battle for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is a major move to ensure that no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to determine if you have asbestos
Asbestos is made up of a grouping of minerals that naturally occur and are arranged into long, thin fibers. They are known for being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.
Because asbestos is so versatile, it's used in a wide range of buildings and household products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles and shingles, insulation for furnaces, pipes, and other common building materials.
When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.
kansas city asbestos law firm are worried that they may have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is disturbed. Check the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a home remodel that could disturb it, you must consult with an asbestos specialist to conduct a further examination.
If asbestos is in good condition there is no need to remove it. Consult your physician if you are worried about your health. They can perform a variety of tests to see whether you are suffering from symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. In addition the state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility your employer must provide you with details on how to find a contractor that can remove asbestos. You should also contact an environmental inspection company to evaluate your home. They can examine and test your home.
How to Remove Asbestos
Asbestos removal is safe when you take the proper precautions. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their house, they must comply with state and federal regulations regarding how to complete the task. This includes properly covering all the waste produced during the process and properly disposing it. Improper handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from happening.
Asbestos that is in good shape and is not disturbed could be safe for health. It is recommended to have any ACM which will be disturbed during renovations or demolition checked prior to when you begin your work. This will let the professional know if the material needs to be removed prior to beginning any work. It will also ensure that it is properly handled, packaged in a way that is labeled, transported and disposed of in compliance with government regulations.
Anyone who works with asbestos without a permit is violating the law, and those who do are liable for heavy penalties. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.
To limit the release of fibers into air, it is important to keep the material hydrated throughout the removal process. Spraying the material prior to removal with a detergent or water spray will aid in this. After the asbestos is removed, it should be placed in heavy plastic bags or tarps that are double-wrapped with tape. This material must be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.
You can also cover small areas of asbestos in good condition by using commercial products that fill holes and seal damage. These products are available at stores that specialize in asbestos materials and safety equipment. Check out How to Remove Asbestos for more information about how to cover and dispose asbestos in a safe manner.