Is Asbestos Legal?
Although asbestos remains banned, various legislative proposals that are incremental have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated and reviewed.
In addition to mining companies, property owners can also face liability for asbestos-related injuries. State laws differ however, generally property owners must keep their buildings safe and notify workers of any dangers that could be present.
The Law
Asbestos is one of the naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibres can cause serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms can take between 15 and 30 years to show up after exposure. Even in the present, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A professional can assist you in determining what steps to take should asbestos be found in your property and will work with an abatement professional when needed.
It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant’s negligence can be difficult. In some instances, the victims may seek compensation under a doctrine of strict liability. This type of claim is not based on the four elements of negligence to be established however, instead it relies on the fact that the product was a risk in itself.
An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of liability and tell you if this theory is applicable in your case. The law also requires employers to provide safe working conditions as well as adequate safety education to employees. This requirement can also apply to the owners of buildings that are constructed with asbestos when it is believed that those buildings are used by third party employees.
Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do this are required to fund “bankruptcy funds” which pay injured victim’s pennies on the dollars of their previous losses. This system is often criticized for the lack of transparency and because it does not provide future compensation.
Congress was able to consider but did not adopt, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by corporations or victims’ advocates.
Is Asbestos Banned In The U.S.
Asbestos is no longer ubiquitous in building materials, and some Americans may have assumed that the mineral was prohibited. However the United States is one of the few industrialized nations that doesn’t ban asbestos despite the fact asbestos has been linked to cancer in any amount. Our lawyers and the world’s anti-asbestos activists continue to fight every day on this issue.
The first step toward a ban came in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of most 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, and it’s still legal for companies to purchase the substance from mining operations and import it for other uses.
In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos is now on the list of chemicals that require an assessment of risk. The EPA took another major step toward a ban in 2019 when it issued the final rule, which strengthens the agency’s capability to prevent asbestos-containing products from returning to the market.
However, trade organizations continue to stop the EPA’s efforts to stop asbestos from being used in construction. These groups claim the ban on asbestos will threaten the country’s chlorine supply and argue that there are safer options to asbestos. They have hired experts and consultants to make their case and are looking to lawmakers with ties to asbestos companies.
This is a war 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 litigation Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a significant step to ensure that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.
How to tell if you Are Suffering from Asbestos
Asbestos is a grouping of minerals that occur naturally and are laid out into long, thin fibres. They are known for their strength, flexibility and resistance to chemical and fire. These qualities made them useful in a range of industrial products like insulation.
Asbestos is used in many different types of household and building products. Some examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and numerous other building materials that are commonly used.
When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung conditions like asbestosis or mesothelioma. These lung diseases have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are worried about asbestos in their homes. The majority of the time, asbestos in good condition will not release fibres unless disturbed. Check the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a home remodel that could affect it, you should check with an asbestos removal specialist for a more thorough examination.
If asbestos is in good health there is no need to eliminate it. Talk to your doctor if are concerned about your health. They can recommend a range of tests to determine if you are experiencing symptoms associated with asbestos exposure.
The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public place where you are exposed asbestos, your employer must give you information on how to reach an asbestos abatement contractor. You should also call an environmental inspector to examine your home. The experts can inspect your home and conduct a detailed visual inspection.
How to Get Asbestos Out
Asbestos removal is safe provided you follow the correct precautions. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the substance. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow the federal and state regulations for how the work is done. This includes covering and disposing of any waste from the project. Improperly handling and disposing of asbestos could expose workers and the general public to asbestos-related diseases including lung cancer and mesothelioma. This is the reason strict regulations are in place to stop this from happening.
Asbestos in good health that is not disturbed could be safe for health. However, it is advised that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will allow a professional to determine if the material requires removal prior to beginning any work. It will also ensure it is handled wrapped, labeled, and transported according to the government regulations.
It is illegal to work with asbestos without a license, and those who violate these regulations face severe penalties. If you suspect improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.
To limit the release of fibers into air, it is essential to keep the material damp during the removal process. Spraying the material prior to removal with a detergent or water spray can aid in this. After the asbestos is removed, it should be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle.
Alternately, small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal any damage. These are available at shops which specialize in asbestos materials and safety products. For more information about how to remove asbestos, see How to Remove Asbestos.
