Is Asbestos Legal?
Congress has passed several incremental legislations, despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the The EPA's list of chemicals that are most important to be evaluated and reviewed.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary between states, however, generally, property owners are required to keep their buildings safe and warn workers of any possible dangers.
The Law
Asbestos is a variety of naturally occurring minerals. It was once used in construction since it was fireproof, chemical corrosion-resistant and insulation. Inhaling asbestos fibers, however it can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos is found in over 3,000 different products. If costa mesa asbestos attorneys think your workplace or home might contain asbestos, a qualified inspector should inspect the area. A professional can advise you on what to do should asbestos be found in your home or workplace and work with a contractor should it be necessary.
You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.
An asbestos lawyer can explain strict liability, negligence and the various types of negligence and inform you if this theory applies to your particular situation. The law also requires that employers provide safe working conditions and safety education to employees. This obligation may extend to the owners of buildings where asbestos is utilized when it is believed that those buildings are utilized by employees of third parties.
Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that make this decision are required to provide "bankruptcy funds" which pay injured victim's pennies on the dollars of their past losses. The system is criticized for the lack of transparency, as well since it doesn't cover future compensation.
In a bid to protect the public, Congress has considered but did not pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. The legislation would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations.
Is Asbestos Banned in the U.S.?
Asbestos isn't as widespread in building materials, and some Americans might have believed asbestos was banned. However it is true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been linked to cancer in any amount. This is an issue our lawyers and the international anti-asbestos movement continue to fight every day.
In 1989 the year 1989, EPA published a rule that prohibits the importation, production, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and purchase it from mining operations.
In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos has been added the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an act that strengthened the agency's ability to stop asbestos-containing product from returning to the market.
Trade groups are trying to stop the EPA's attempt to prohibit asbestos. They argue that a ban would threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to aid them in making their case. They are also turning to lawmakers who have ties to asbestos.
Our firm has been fighting this fight for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and dangerous substance in the United States. This is a major step to ensure that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to Determine if You Are Infected with Asbestos
Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These minerals are renowned for their durability, flexibility, and resistance to chemical and fire. These qualities made them useful in a variety of industrial products including insulation.
Asbestos can be found in many different types of building and household items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These diseases may be extremely latency-prone, and victims may not notice symptoms for 20 to 50 years after exposure.
Many people are concerned that they might have asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears slightly damaged or if you intend to make changes to your home or alter the material in any way, you must consult an asbestos removal expert for a second inspection.
If asbestos is in good shape there is no reason to remove it from your home. Consult your doctor if you are concerned about your health. They can order various tests to determine if you have symptoms relating to asbestos exposure.
Private employers are required by the Occupational Safety and Health Administration 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 an asbestos-containing facility the employer has to provide you with information on how to find a contractor that can remove asbestos. You should also contact an environmental inspection company to evaluate your home. They will test your home and conduct a detailed visual inspection.
How to Remove Asbestos
Asbestos removal is safe provided you follow the correct 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 a homeowner chooses to remove asbestos from their home, they must follow state and federal regulations regarding how to complete the task. This involves properly covering and removing all waste resulting from the project. Unsafe handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. To stop this from happening, strict regulations have been enacted.
If asbestos is in good condition and is not damaged, it is unlikely to pose a health risk. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will allow a professional to determine whether the material needs to be removed prior to commencing any work. It will also ensure that it is handled in a safe manner, packaged, labeled and transported according to the government regulations.
It is unlawful for anyone to work with asbestos without a license anyone who is in violation of these rules can face substantial fines. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.
When removing asbestos, the material needs to be kept moist throughout the process to prevent the release of airborne fibers. Spraying the material before removal with a detergent or water spray can aid in this. After the asbestos has been removed, it is stored in plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste, and disposed in a leak-proof car.
You can also cover small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. These products are available in stores that specialize in asbestos materials and safety equipment. Find out How to Get Asbestos Out for more information on how to cover and dispose of asbestos properly.