Asbestos Legal Matters
After a long and arduous battle, asbestos legal measures resulted in the partial ban in 1989 of the manufacture, processing and distribution of many asbestos-containing products. The ban is still in place.
The December 2020 final TSCA risk assessment for chrysotile asbestos found unreasonable risks to human health for all ongoing uses of chrysotile asbestos. The April 2019 rule prohibits asbestos products used in the past from returning to commercial use.
Legislation
Asbestos laws are enforced both at the federal and state levels in the United States. While most industrialized nations have banned asbestos however, the US continues to use it in a number of different products. The federal government regulates the use of
asbestos lawyer in these products as well as regulates asbestos litigation. State asbestos laws vary from one state to another although federal laws generally apply to all states. These laws limit the claims of those who have suffered injuries related to asbestos.
Asbestos is a natural mineral. It is mined by open-pit methods. It is composed of fibrous fibers. These strands are then processed and mixed with a binding agent, such as cement to produce an asbestos-containing material, or ACM. These ACMs are used in a variety of applications, including floor tiles, shingles roofing and clutch faces. Asbestos is not just used in construction materials, but also in other products such as batteries, fireproof clothing and gaskets.
While there isn't any asbestos-related ban in the United States, the Environmental Protection Agency (EPA) has strict guidelines on the use of asbestos in homes and schools. The EPA requires that schools conduct an inspection of their facilities and devise plans to identify, contain and manage asbestos-containing materials. The EPA demands that anyone who works with asbestos must be accredited and certified.
The EPA's 1989 Asbestos Ban and Phase-Out Rule was designed to put an absolute ban on the production, import, processing and distributing of asbestos-related products within the US. However, this was changed in 1991. In addition the EPA is currently reviewing chemicals that could be dangerous and has placed asbestos on its list.
While the EPA has strict guidelines on how asbestos can be treated however, it is crucial to know that asbestos remains in a number of homes and people are at risk of being exposed to asbestos. Therefore you should make it the habit of searching for asbestos-containing materials and assessing their condition. If you are planning a major renovation that could disturb these materials, it is recommended to engage a professional to guide you through the necessary steps to protect yourself and your family from asbestos.
Regulations
In the United States, asbestos is controlled by federal and state laws. It has been banned in a few products, but it's still employed in other, less hazardous applications. It is still a cancer-causing substance that can cause cancer if inhaled. The asbestos industry is heavily controlled and businesses must adhere to all regulations to be allowed to operate in the field. State regulations also govern the disposal and transportation of waste containing asbestos.
The Control of Asbestos at Work Regulations 1987 introduced statutory measures to prevent workers from being exposed to asbestos in the workplace. The regulations are applicable to anyone who works with asbestos and oblige employers to take measures to prevent exposure or reduce it to the lowest practicable level. They must also keep records of medical examinations, monitoring of air and face-fit tests.
Asbestos removal is a complex procedure that requires a specialist's knowledge and equipment. A licensed asbestos removal professional must be used for any work that might disturb asbestos-containing material. The regulations oblige the contractor to notify the authorities that enforce the law of any asbestos-related activity and submit an analysis of risk for each asbestos removal project. They also have to set up a decontamination zone and provide workers with protective clothing.
A certified inspector should inspect the site after the work has been completed to make sure that asbestos fibres have not been released. The inspector must also confirm that the sealant is "locking down" any asbestos. A breath sample should be taken following the inspection and, if the sample shows more asbestos than what is required, the site must be re-cleaned.
New Jersey regulates the transport and disposal of asbestos, and the Department of Environmental Protection monitors the process. Any business planning to dispose of asbestos-containing waste must obtain a permit from the Department of Environmental Protection before beginning work. Contractors, professional service providers and asbestos elimination specialists are all covered. The permit must contain a description of where the asbestos will be disposed, as well as the method by which it will be moved and stored.
Abatement
Asbestos naturally occurs. It was widely used in the early 1900s to be a fireproofing material because of its properties to ward off fire. It was also cost-effective and durable. Asbestos is known to cause serious health issues, including lung disease, cancer and mesothelioma. Asbestos victims can receive compensation from asbestos trust funds and other sources of financial assistance.
The Occupational Safety and Health Administration (OSHA) has strict rules regarding handling asbestos. Workers must wear special protective equipment and follow protocols to limit exposure. The agency also requires that employers maintain abatement records.
Some states have specific laws that regulate asbestos elimination. New York, for instance is a state that prohibits construction and use of asbestos-containing structures. The law also mandates that asbestos-related abatement is performed by qualified contractors. Workers who work on asbestos-related buildings must obtain permits and inform the state.
Workers in asbestos-containing buildings should undergo special training. Anyone who plans to work in a building which contains asbestos-containing materials has to notify the EPA 90 days before the beginning of their project. The EPA will then examine the project and may limit or prohibit the use of asbestos.
Asbestos is found in floor tiles and roofing shingles, as well as in cement, exterior siding and automotive brakes. These products can release fibers if the ACM has been agitated or removed. The risk of inhalation is that the fibers can't be seen by the naked eye. Non-friable ACM like drywall and flooring that is encapsulated, are unable to release fibers.
To perform abatement work on a construction, an authorized contractor must obtain an authorization from the Iowa Division of Labor. The contractor must also notify Iowa OSHA as well as the Department of Natural Resources. A fee must be paid for the initial and annual notifications. Additionally those who intend to work for a school must provide the EPA with abatement plans and training for employees. New Jersey requires all abatement companies to have a license issued by the Department of Labor and Workplace Development and employees to possess worker or supervisor permits.
Litigation
Asbest cases flooded state courts and federal courts in the late 1970s and into the early 80s. The majority of these cases were filed by employees who developed respiratory ailments caused by exposure to asbestos. Many of these illnesses are now being diagnosed as mesothelioma and various cancers. The cases have led several states to adopt laws designed to limit the number of asbestos lawsuits filed in their courts.
These laws establish procedures for identifying asbestos products and employers that are involved in a plaintiff's case.