Is Asbestos Legal?
Congress has passed several incremental legislations despite the fact asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals for review and risk assessment.
In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. State laws differ however, generally property owners must keep their structures safe and inform employees of potential dangers.
The Law
Asbestos is an assortment of naturally occurring minerals. It was previously used in construction because it was fireproof as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms may appear 15-30 years later. Even today, asbestos is still present in more than 3,000 different products. If you suspect your workplace or home may contain asbestos, a certified inspector should be able to inspect the area. oakland asbestos lawyer can assist you in determining what needs to be done when asbestos is found on your property and collaborate with an abatement company if necessary.
You may file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain cases, victims may seek damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proved however, instead it relies on the fact that the product was dangerous in its own right.
An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help you if this theory applies in your case. The law also requires that employers provide safe working conditions and safety education to employees. This obligation could extend to the owners of buildings that are constructed with asbestos if it is known that those buildings are used by employees of a third party.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't cover workers' future compensation.
In an effort to protect the public, Congress has considered but failed to pass legislation to establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers 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 may have believed asbestos was banned since it's no longer a common building material. However it's true that the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily on this issue.
In 1989, the EPA issued a rule that prohibited the manufacture, importation and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and buy it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In the year 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the market.
Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that a ban on asbestos would affect the supply of chlorine in the country and claim that there are alternatives to asbestos. They have hired experts and consultants to aid them in making their case. They're also looking to lawmakers with ties to asbestos.
Our company has been fighting this fight for more than 15 year. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a significant step to ensure that there is no longer a chance for 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 made up of an assortment of minerals that occur naturally and are arranged into long, thin fibres. They are known for their flexibility, strength and resistance to chemicals and fire. These properties made these materials useful in a range of industrial products, including insulation.
Asbestos is used in many different types of building and household products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos is also present 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 dangerous fibers into the atmosphere. Inhaling the microscopic fibers could enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases have a long period of time before they manifest, and the 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 condition will not release fibers unless they are disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you intend to remodel your house and alter it in any way, you must consult an asbestos abatement expert for a thorough examination.
If asbestos is in good shape, there is no need to get rid of it. See your doctor if are concerned about your health. They can order various tests to determine if you have symptoms that are related to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in a public place where you are exposed to asbestos, your employer should give you information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to assess your home. They will test your home and conduct a thorough visual examination.
How to Remove Asbestos
Asbestos can be safely removed, provided that the appropriate precautions are followed. As a result, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must follow the federal and state regulations for how the work is carried out. This includes covering up all the waste produced during the project and properly disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To avoid this, strict regulations have been enacted.
If asbestos is in good shape and will not be affected, it will not be a health risk. However, it is recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos professional before starting the work. This will allow the professional to determine whether the material must be removed prior to beginning any work and will also ensure that it is handled, packaged in a way that is labeled, transported and disposed of in compliance with the regulations of the government.
It is illegal for anyone to work in asbestos without a license, and those who violate the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.
To limit the release of fibers into the air, it's important to keep the material moist throughout the removal process. Spraying the material prior to getting rid of it using a detergent or water spray will aid in this. Once the asbestos has been removed, it needs to be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition with commercial products that can fill holes and seal damages. These products are available in stores that specialize on asbestos-related materials and safety equipment. For more information about how to cover asbestos and dispose of it read How to Remove Asbestos.