Is
Asbestos Legal?
Although asbestos is still banned several incremental legislative proposals have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review.
Property owners are also accountable for asbestos-related injuries, in addition to mining companies. State laws differ however, generally property owners must keep their structures safe and inform workers of potential dangers.
The Law
Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction because it was fire resistant, chemical corrosion-resistant and insulation. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms could develop 15-30 years after. Even today, asbestos can be found in more than 3,000 items. A qualified inspector should be able to inspect your home or work place if you suspect that it might contain asbestos. A professional can advise you on what to do when asbestos is found in your workplace or at home and work with a contractor should it be necessary.
It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. It is often difficult to prove a defendant's fault. In some cases, the victims could be able to claim damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proved, but instead rely on the fact that the product was inherently dangerous.
An asbestos lawyer can provide information on the different types of strict liability and negligence and can advise on whether this theory applies to your situation. The law also requires employers to provide secure working conditions and safety training for their employees. This obligation could be extended to property owners who use asbestos if they know that employees from other companies will be using those structures.
Many asbestos producers avoided liability through bankruptcy protection. Companies that do this are required to fund "bankruptcy funds" which pay victims of injury pennies on their past losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't provide workers with future compensation.
Congress looked at, but did not pass, legislation that would have established an investment fund of $140 billion for asbestos instead of pursuing litigation. The bill would have taken money that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have believed that asbestos was prohibited because it's not a typical building material. The United States is one the few industrialized countries that do not ban asbestos despite its cancer-causing properties. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to work on every day.
The first step toward the ban was in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it for different purposes.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos is now on the list that requires an assessment of risk. In the year 2019, EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.
Trade groups are attempting to stop the EPA from bans on asbestos. They argue that a ban would 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 argue their case, and they are turning to legislators who have ties to asbestos's industry.
This is a war that our company has been involved in for over 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly chemical in the United States. This is a major 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 you have asbestos
Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. These materials are well-known for their flexibility, strength and resistance to chemicals and fire. These properties make them useful in a number of industrial products, like insulation.
Asbestos is utilized in many different types of building and household items. 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 shingles, ceiling tiles, insulation for furnaces and pipes in schools, as well as many other common building materials.
When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These diseases have a lengthy latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their home. Most of the time asbestos in good condition will not release fibres unless disturbed. Examine the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you are planning to remodel your house and alter the material in any way, it is recommended to consult an asbestos abatement expert to conduct a more thorough inspection.
If asbestos is in good condition, there is no reason not to remove it from your home. If you are concerned about your health, consult with a physician. They can order various tests to determine if you have symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer must give you information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to examine your home. These professionals can examine and test your home.
How to Remove Asbestos
Asbestos can be safely removed, provided that the appropriate precautions are taken. Asbestos removal must be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos materials from their home, they must follow federal and state regulations on how to complete the task. This includes properly covering and disposing of all waste generated by the project. Unsafe handling and disposal of asbestos could expose people and workers to asbestos-related diseases, like lung cancer and mesothelioma. To avoid this strict regulations have been enacted.
If
asbestos compensation is in good shape and isn't disturbed, it may not pose a health risk. However, it is advised that you have any ACM which is affected through demolition or renovations inspected by an asbestos professional before commencing the work.
