Is Asbestos Legal?
Congress has approved a variety of incremental legislation proposals despite the fact asbestos is still prohibited. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals for review and risk assessment.
Property owners are also responsible for asbestos-related injuries, as are mining companies. grand rapids asbestos law firm vary from state to state, but in general property owners must keep their structures safe and inform workers of the potential hazards.
The Law
Asbestos is a class of naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is still present in over 3,000 different products. If you suspect your workplace or house may contain asbestos, a licensed inspector should check the area. A qualified professional can help you decide what you should do should asbestos be found in your workplace or at home and will work with a contractor should it be necessary.
It is possible to bring an asbestos lawsuit against a manufacturer 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 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 provide a clear explanation of strict liability, negligence, and the various types of negligence and inform whether this theory applies in your case. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation could be extended to property owners who use asbestos when they are aware that employees from third parties will be using the buildings.
Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who make this decision are required to provide "bankruptcy funds" which pay victims of injury pennies on their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not guarantee future compensation for workers.
Congress considered, but did not pass legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.
Is Asbestos Banned In The U.S.
Asbestos isn't as widespread in building materials, and some Americans might have believed that the mineral was not allowed. However, the United States is one of the few industrialized nations that does not ban asbestos despite the fact that it's known to cause cancer in any quantity. This is a matter that our lawyers and the world's anti-asbestos movement continue to work on every day.
In 1989 the year 1989, EPA published a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the material and buy it from mining companies.
In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA took a further step towards a ban in 2019, when it released an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.
However, trade groups are once again trying to stop the EPA's attempt to ban asbestos. These groups argue that a ban will affect the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to assist them in making their case. They are also reaching out to lawmakers with ties to asbestos.
This is a battle that our firm has been involved in for over 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly substance in the United States. This is a significant step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.
How to Tell if you have asbestos
Asbestos is a collection of minerals that are naturally occurring and are laid out into long, thin fibres. These minerals are regarded as being flexible, strong and resistant to chemicals and fire. These properties make them useful in a number of industrial items, including insulation.
Asbestos can be found in many different types of household and building items. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and many other common building materials.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung conditions like asbestosis or mesothelioma. These diseases may be long-lasting and patients may not show symptoms for a period of 20 to 50 years after exposure.
Many people are concerned that they have asbestos in their home. Most of the time asbestos in good state will not release any fibers unless they are disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you're planning to remodel your house and disturb it in any way, consult an asbestos removal expert for a second inspection.
If asbestos is in good shape there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can conduct various tests to determine whether you suffer from symptoms relating to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with the information needed to contact a contractor who can remove asbestos. Contact an environmental company to assess your home. These professionals can test your home and conduct a detailed visual examination.
How to Get Asbestos Out
Asbestos removal is safe when you take the proper precautions. For this reason, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes covering and disposing of all waste generated by the project. The improper handling and disposal of asbestos can expose people and workers to asbestos-related ailments, such as lung cancer and mesothelioma. To stop this from happening strict regulations have been put in place.
If asbestos is in good condition and isn't disturbed, it may not pose a health risk. However, it is highly recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos expert prior to starting the work. This will allow the professional to determine whether the material should be sprayed prior to starting any work. It will also ensure that it is treated, packaged and labeled before being transported and then disposed of in accordance with government regulations.
Anyone who uses asbestos without a permit is in violation of the law, and those who do are liable for heavy penalties. If you suspect that an improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.
To minimize the release of fibers into the air, it's important to keep the material wet throughout the removal process. This can be achieved by spraying the material with a mist of detergent and water prior to taking it off. After the asbestos has been removed, it is stored in plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and disposed in a leak-proof vehicle.
Alternately small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal any damage. These products are available at stores that specialize in asbestos-related products and safety gear. Learn How to Remove Asbestos for more details about how to cover and dispose of asbestos properly.