Asbestos Legal Matters
After a long and arduous battle, asbestos legal measures resulted in the partial ban in 1989 on the manufacture, processing and distribution of most asbestos-containing products. The ban remains in place.
The final TSCA risk assessment of chrysotile revealed unjustifiable health risks in all current uses of the chemical. The April 2019 rule prevents these ongoing asbestos products from returning to commercial use.
Legislation
In the United States, asbestos laws are regulated both at the federal and state levels. The US makes use of asbestos in a wide range of products, even though most industrialized nations have banned it. The federal government regulates the way it is used in these different products, and the law regulates asbestos litigation and abatement. State asbestos laws can differ from one state to the next even though federal laws generally are uniform. These laws typically limit claims from those who have suffered exposure to asbestos.
Asbestos is a natural mineral. It is usually mined using open-pit methods. It is composed of fibrous fibers. These strands undergo processing and are mixed with cement or a binding agent to create asbestos-containing material (ACM). These ACMs are used in a variety of applications, including floor tiles, shingles, roofing and clutch facings. Asbestos isn't just used in construction materials but also in other products, such as batteries, fireproof clothing, and gaskets.
The Environmental Protection Agency (EPA) however, has strict rules regarding how asbestos can be used at schools and in homes. The EPA requires schools to inspect their facilities and develop plans for identifying, containing and managing asbestos-containing materials. The EPA demands that all workers who work with asbestos must be accredited and certified.
The EPA's Asbestos Ban Phase-Out Rule of 1989 was created to prohibit the importation, manufacture, processing, and distribution of asbestos-related materials within the US. The ban was lifted in 1991. The EPA recently began examining chemicals that could harm the environment, and asbestos has been placed on its list of chemicals that could be harmful to humans.
While the EPA has strict guidelines for how asbestos is handled It is essential to know that asbestos remains in a number of structures and that people are at risk of being exposed to asbestos. Therefore, you should make a habit of finding asbestos-containing materials and assessing their condition. If you are planning a major renovation which could impact the asbestos-containing materials, you must hire a consultant to help you plan and conduct the necessary steps to safeguard your family and yourself from asbestos.
Regulations
In the United States, asbestos is controlled by federal and state law. It is prohibited in certain products, but is still used in other, less hazardous applications. It is still a cancer-causing substance, and can cause cancer when inhaled. The asbestos industry has strict regulations and companies are required to follow them in order to work there. State regulations also govern the transportation and disposal of waste containing asbestos.
The Control of Asbestos at Work Regulations 1987 established statutory procedures to protect workers from being exposed to
asbestos settlement at work. The regulations apply to all workers who work with asbestos and employers must take steps to reduce or stop exposure to asbestos to the least extent. They must also provide training and records of face-fit testing as well as air monitoring and medical examinations.
Asbestos removal is a complicated process that requires expert knowledge and equipment. For any job that may cause damage to asbestos-containing materials, a licensed asbestos removal contractor is required. The regulations require that the contractor notify the enforcing authorities of any asbestos-related work and submit a risk analysis for every asbestos removal project. They are also required to establish a decontamination zone and provide employees with protective clothing.
A certified inspector must visit the site after work is completed to confirm that there are no asbestos fibers escaped. The inspector should also verify that the sealant has "locked down" any remaining asbestos. After the inspection, a sample of air should taken. If it shows that the asbestos concentration is higher than the required level, the area needs to be cleaned once more.
The transport and disposal of asbestos is controlled by the state of New Jersey and is monitored by the Department of Environmental Protection (DEP). Any business planning to dispose of asbestos-containing waste has to obtain a permit from the Department of Environmental Protection before starting work. This includes contractors, professional service firms, and asbestos abatement specialists. The permit must include a description of the area and the kind of asbestos being removed and the method of transported and stored.
Abatement
Asbestos occurs naturally. It was extensively used as a fireproofing product in the early 1900s due to its fire-repellent properties. It was also affordable and durable. Unfortunately, it is now recognized that asbestos can cause serious health issues including lung disease, mesothelioma, and cancer. Asbestos-related victims can be compensated from asbestos trust funds and other financial aid sources.
OSHA has strict guidelines regarding asbestos handling. Workers must use specialized protective equipment and follow the proper procedures to reduce exposure. The agency also requires employers to keep abatement reports.
Some states have specific laws regarding asbestos abatement. New York, for example, prohibits the construction of asbestos-containing buildings. The law also stipulates that asbestos-related abatement must be done by qualified contractors. Construction workers working on asbestos-related structures must be licensed and inform the government.
Those who work on buildings that contain asbestos must complete specialized training. The EPA requires that anyone who plans to work in an asbestos-containing building (ACM) notify the EPA at minimum 90 days prior the start of the project. The EPA will then review the project and may limit or ban the use asbestos.
Asbestos is present in roofing and floor tiles shingles, as well as in cement, exterior siding and brakes for automobiles. These products can release fibers into the air when the ACM is agitated or removed. Inhalation is a danger because the fibers cannot be seen by the naked eye. ACM that is not friable, for example encapsulated floor coverings and drywall, cannot release fibers.
In order to carry out abatement work on a building, an authorized contractor must obtain permission from the Iowa Division of Labor. The contractor must also inform Iowa OSHA and the Department of Natural Resources. The contractor must pay a fee for the initial and annual notifications. In addition those who plan to work at a school must provide the EPA with abatement plans and training for employees. New Jersey requires that all abatement contractors have a license from the Department of Labor and Workplace Development and that their employees possess workers or supervisory permits.
Litigation
In the latter part of the 1970s and early 1980s, asbestos cases were flooding federal and state courts. The majority of these claims were made by people who suffered respiratory problems as a result of asbestos exposure. A lot of these diseases are now recognized as mesothelioma and various cancers. The cases have led several states to adopt laws to limit the number of asbestos lawsuits filed in their courts.
These laws include establishing procedures for identifying the asbestos-containing products and the employers that are involved in a case brought by a plaintiff.