While asbestos is still banned, several incremental legislative proposals have been tossed around Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.
In addition to mining companies, property owners could also face liability for asbestos-related injuries. State laws differ however, generally property owners are required to keep their structures safe and inform workers of the potential hazards.
The Law
Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms may take 15 to 30 years to manifest after exposure. Even today, asbestos can be found in more than 3,000 different products. If you are concerned that your workplace or home might contain asbestos, a qualified inspector should inspect the area. A qualified professional can help you decide what to do if asbestos is present within your home or workplace and will work with a contractor if needed.
You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims can seek compensation under a doctrine of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead relies on the fact that the product was inherently hazardous.
An asbestos lawyer can explain the strict liability, negligence and the different types and advise you on the possibility of applying this theory in your case. Employers are also required to provide safe working conditions for their employees and adequate training in safety. This obligation could extend to the owners of structures where asbestos is used when it is believed that the building are used by employees of a third party.
Many asbestos manufacturers escaped liability through bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't provide workers with future compensation.
Congress looked at but could not approve legislation that would have created a $140 billion trust fund for asbestos as a substitute for litigation. This legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by victim advocates or corporations.
Is Asbestos Banned In The U.S.
Asbestos is no longer a common ingredient in building materials, and some Americans might have believed that the mineral was banned. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work every day to address this issue.
The first step toward the ban was in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of all asbestos-containing products. However, the chemical industry sued 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 businesses to import the substance and buy it from mining companies.
In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos was added to the list that requires an assessment of risk. The EPA took another major step towards a complete ban in 2019 when it published the final rule, which strengthens the agency's capability to prevent asbestos-containing items from returning to the market.
Trade groups are trying to block the EPA from prohibiting asbestos. They claim that the ban on asbestos will harm the nation's supply of chlorine and argue that there are alternatives to asbestos. They have hired experts and consultants to help them make their case. They're also looking on lawmakers who have connections 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 dangerous and deadly substance in the United States. This is a major step towards ensuring that there are 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 Infected with Asbestos
Asbestos is a grouping of minerals that are naturally occurring and are organized into long, thin fibres. These materials are well-known for their durability, flexibility, and resistance to chemical and fire. These qualities made them useful in a variety of industrial products such as insulation.
Asbestos is utilized in many different types of building and household products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and other building materials commonly used.
When asbestos is disturbed, it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as mesothelioma or asbestosis. These diseases can have a long time of latency, and victims may not be symptomatic for 20 to 50 years after exposure.
Many people worry about asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a renovation that could affect it, you should speak an asbestos abatement expert for further examination.
If asbestos is in good condition, there is no reason not to remove it from your home. If you are concerned about your health, seek advice from a physician. They can perform various tests to determine if you suffer from symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. Additionally the state laws require public employees to be provided with the same protections. If you work in a public facility where you are exposed asbestos, your employer should provide details on how to contact an asbestos abatement contractor. Contact an environmental inspection company to examine your home. They will test and visually inspect your home.
How to Get Asbestos Out
Asbestos removal is safe provided you follow the correct precautions. For this reason, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, they must abide by state and federal regulations regarding the manner in which they do it. This includes properly covering all waste generated during the project and properly disposing of it. Improper handling and disposal asbestos could put workers as well as the general public at risk of developing asbestos-related ailments like mesothelioma, cancer, and lung disease. To stop this from happening strict guidelines have been enacted.
If asbestos is in good shape and isn't disturbed, it should not cause health risks. However, it is recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will enable a professional to determine whether the material requires removal prior beginning any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and transported in compliance with the regulations of the government.
It is illegal to work on asbestos without a valid license Anyone who does not comply with these rules can face substantial fines. If you suspect that asbestos was not properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.
When removing asbestos, the substance must be kept moist at all times to reduce the release of airborne fibers. Spraying the material before getting rid of it using a detergent or water spray will help achieve this. After the asbestos is removed, it should be stored in plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.
You can also cover small areas of asbestos that are in good condition using commercial products that seal holes and repair damage. These are available at shops which specialize in asbestos materials and safety products. See How to Get Asbestos Out for more information about how to cover and dispose of asbestos properly.