Asbestos Legal Matters
After a long struggle, asbestos legal measures resulted in the 1989 partial ban on the production, processing and distribution of a majority of asbestos-containing products. This ban remains in effect.
The December 2020 final TSCA risk evaluation for chrysotile asbestos discovered unreasonable risks to human health for all ongoing use of chrysotile asbestos. The April 2019 rule prohibits the return of these asbestos products for sale.
Legislation
Asbestos laws are enforced both at the state and federal levels in the United States. Although most industrialized nations have banned asbestos but the US continues to use it in a number of different products. The federal government regulates the use of asbestos in these products, and also regulates asbestos litigation. State asbestos laws can differ between states, even though federal laws generally are uniform. These laws restrict the rights of those who have suffered from asbestos-related injuries.
Asbestos can be found naturally. It is typically mined using open-pit methods. It is made up of fibrous fibers. These strands are then processed and mixed with cement or other binding agent to form asbestos-containing material (ACM). These ACMs are then used in a variety of different applications, including floor tiles, shingles roofing, and clutch facings. Aside from its use in construction materials, asbestos is found in a number of other products, including batteries as well as gaskets, clothing that is fireproof 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 that schools examine their facilities, and come up with plans to identify asbestos-containing materials. The EPA also requires that people who work with asbestos be certified and accredited.
The EPA's Asbestos Ban Phase-Out Rule of 1989 was formulated to prohibit the production,
asbestos importation processing, distribution, and manufacturing of asbestos-related products in the US. This was changed in 1991. Additionally the EPA has recently begun reviewing potentially dangerous chemicals and has placed asbestos on its list.
While the EPA has strict rules for how asbestos should be handled, it is important to be aware that asbestos is still present in many structures and that people are at risk of being exposed to it. Therefore you should make it a habit of finding asbestos-containing materials and assessing their condition. If you are planning a major renovation which could impact the materials, employ a professional to help you plan and conduct the necessary steps to protect your family and yourself from asbestos.
Regulations
In the United States, asbestos is subject to federal and state law. In certain products, asbestos is removed. However, it is still used in less hazardous applications. It is still a carcinogen that can cause cancer if inhaled. The asbestos industry is heavily regulated, and companies must follow all rules to be allowed to operate in the field. The transportation and disposal of
asbestos case-containing waste are also regulated by the government.
The Control of Asbestos at Work Regulations 1987 introduced statutory procedures to protect workers from being exposed to asbestos at work. The regulations are applicable to all workers who work with asbestos, and employers are required to take steps to reduce or stop exposure to asbestos to the smallest possible extent. They also must provide training and records of face-fit testing or air monitoring as well as medical tests.
Asbestos is a complex material that requires specialized knowledge and equipment. Any work that is likely to affect asbestos-containing materials, a licensed asbestos removal contractor is required. The regulations require the contractor to inform the enforcing authority of any work with asbestos and prepare a risk analysis for each asbestos removal project. They must also establish an area for decontamination and supply workers with protective clothing and equipment.
When the work is complete an accredited inspector must inspect the area and verify that there are no asbestos fibers escaping into the air. The inspector
Asbestos must also confirm that the sealant has effectively "locked down" any remaining asbestos. A sample of air is required following the inspection and, if it reveals more asbestos than the required amount, the area must be re-cleaned.
New Jersey regulates the transport and disposal of asbestos and the Department of Environmental Protection monitors the process. Before commencing work, any business that intends to dispose of asbestos-containing materials is required to obtain a permit from New Jersey's Department of Environmental Protection. This includes professional service companies and asbestos abatement technicians. The permit must include an explanation of the location as well as the type of asbestos being disposed of and the method by which it will be transported and stored.
Abatement
Asbestos is naturally occurring. It was widely employed in the early 1900s to be an anti-fire material due to its properties to ward off fire. It was also cost-effective and durable. Asbestos has been known to cause serious health issues, including lung disease, cancer and mesothelioma. Asbestos victims can get compensation from asbestos trust funds as well as other sources of financial assistance.
OSHA has strict guidelines regarding asbestos handling. Workers must wear protective gear and follow procedures in order to limit exposure to asbestos. The agency also requires employers to maintain abatement reports.
Certain states have laws governing asbestos elimination. New York, for instance is a state that prohibits construction and use of asbestos-containing structures. The law also stipulates that asbestos-related abatement must be done by qualified contractors. Contractors who work on asbestos-containing structures must obtain permits and notify the state.
People who work on asbestos-containing building must also complete specialized training. Anyone who plans to work in a structure that has asbestos-containing materials needs to notify the EPA 90 days prior to the start of their project. The EPA will review the plan and may decide to limit or prohibit the use of asbestos.
Asbestos can be found 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 disturbed or removed. Inhalation poses a risk because the fibers aren't visible by the naked eye. Non-friable ACM, such as encapsulated flooring and drywall, can't release fibers.
A licensed contractor wishing to conduct abatement on a building has to get a permit from the Iowa Division of Labor. The contractor must also inform Iowa OSHA and the Department of Natural Resources. A fee has to be paid for the annual and initial notifications. People who plan to work in schools are also required to supply the EPA abatement plans, as well as training for their employees. New Jersey requires that all abatement contractors hold a license from the Department of Labor and Workplace Development and that their employees have worker or supervisor permits.
Litigation
In the late 1970s and early 1980s, asbestos cases were flooding state and federal courts. Most of these claims were filed by employees who suffered respiratory ailments caused by exposure to asbestos. Many of these illnesses have been identified as mesothelioma, along with other cancers. These cases have prompted a number of states to adopt laws to restrict the number of asbestos lawsuits that can be filed in their courts.
These laws include establishing procedures for identifying the asbestos products and employers that are involved in a case brought by a plaintiff.