Is Asbestos Legal?
While asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state but generally, property owners must ensure that their premises safe and inform workers of potential dangers.
The Law
Asbestos can be described as a variety of naturally occurring minerals. It was once used in construction because it was fireproof, chemical corrosion-resistant and insulating. Inhaling asbestos fibers, however, can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 different products. A qualified inspector should be able to inspect your home or work place in the event that you suspect it could contain asbestos. fort smith asbestos law firm can assist you in determining what should be done in the event that asbestos is present on your property and work with an abatement contractor if necessary.
It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some cases, victims can seek compensation under a doctrine of strict liability. This type of claim eliminates any need to prove four elements of negligence and relies instead on the fact that the product was dangerous.
An asbestos lawyer can explain the various types of negligence and strict liability and can advise on whether this theory applies to your case. The law also requires employers to provide safe working conditions as well as adequate safety training for their employees. This obligation could extend to owners of structures where asbestos is used when it is believed that those buildings will be used by employees of a third party.
Many asbestos manufacturers escaped 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 past losses. This system is criticized for its inconsistency of the system, and because it does not provide future compensation.
In an effort to safeguard the public, Congress has considered but failed to pass legislation to establish a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have thought that asbestos was banned due to the fact that it is not a typical building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to fight every day to address this issue.
In 1989 the year 1989, EPA issued a rule which prohibits the importation, production and processing of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.
In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took another major step towards a ban in 2019, when it released an official rule that enhances the agency's capacity to stop asbestos-containing items from returning to the market.
However, trade organizations continue to stop the EPA's attempt to ban asbestos. The trade groups argue that a ban could threaten the chlorine supply in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to aid them in making their argument. They are also reaching out to lawmakers who have ties to asbestos.
This is a fight that our company has been involved in for over 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly substance in the United States. This is a huge step in ensuring that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.
How to tell if have Asbestos
Asbestos is a collection of minerals that naturally occur and are laid out into long, thin fibres. These materials are known as being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a variety of industrial products, including insulation.
Because asbestos is so versatile, it's used in a variety of household and commercial products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and many other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases such as asbestosis or mesothelioma. These illnesses have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.
Many people are worried that they may have asbestos in their homes. Most of the time asbestos in good state will not release any fibers unless they are disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to renovate your home and disturb it in any way, it is recommended to consult an asbestos abatement expert for a second inspection.
If asbestos is in good condition there is no need to eliminate it. If you are concerned about your health, you should consult a physician. They can order a variety of tests to determine whether you are suffering from symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public facility that is exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. Contact an environmental inspection company to assess your home. The experts can test and visually inspect your home.
How to Remove Asbestos
Asbestos can be safely removed provided that the proper precautions are followed. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, he or she must comply with all federal and state regulations. This includes covering and disposing of all waste resulting from the project. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To stop this from happening strict guidelines have been enacted.
If asbestos is in good condition and has not been affected, it will not pose a health threat. It is recommended to have any ACM which will be disturbed during renovation or demolition examined prior to you begin the work. This will allow the professional to determine whether the material should be removed prior to beginning any work. It will also ensure that it is treated, packaged, labeled, transported, and disposed of in compliance with regulations set by the government.
It is illegal to work in asbestos without a license anyone who is in violation of these regulations face severe penalties. If you suspect that asbestos was improperly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.
During the removal of asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it off. Once the asbestos has been removed, it must 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 vehicle.
You can also protect small areas of asbestos in good condition by using commercial products that can fill holes and seal damages. These are available at stores that specialize in asbestos-related materials and safety products. Find out How to Get Asbestos Out for more information on how to cover and dispose asbestos safely.