Although it sounds like a chemical, asbestos is actually a naturally occurring mineral. Its initial use was as insulation, and it found its way into all kinds of products. Unfortunately, it was also discovered to be a carcinogen that can manifest as dangerous lung conditions such as mesothelioma and lung cancer. This became such a serious health hazard that many states and the federal government instituted new regulations prohibiting the use of asbestos.
Where can asbestos still be found today? In California, residents passed Proposition 65 by an overwhelming majority, and it became law in 1986. This is what the proposition is all about:
“Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. Exposure to these chemicals may take place when products are acquired or used. Exposure may also occur in homes, workplaces, or other environments in California. By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals.”
Essentially, asbestos is everywhere, but it only presents a problem if it is released into the atmosphere.
Where you are exposed to asbestos will determine if you have an actionable cause to seek compensation.
Where Asbestos Becomes a Problem
Because of the bans, most new products made today do not contain asbestos. However, there are still homes, buildings, and other specific products made before the 1970s, which could pose a problem if the asbestos fibers are released. Here are some of the places and items that could pose a risk:
Furnace Ducts and Boilers
Furnace ducts and boilers can be wrapped with asbestos insulation. If repairs or replacements are needed, those materials can be released.
Floor Tiles
Certain floor tiles contain asbestos in their backing or adhesives used in the installation. If those tiles are removed, the asbestos fibers could be released.
Soundproofing Material
Soundproofing material sprayed on walls and ceilings can become loose and crumbling. Water damage might also release fibers.
Roofing Materials
Roofing materials such as shingles and tiles made with asbestos won’t pose a problem unless they are sawed, drilled, or cut. However, this would be a concern if your roof is several decades old and needs to be replaced.
Insulation
Homes built before 1950 could have asbestos insulation. Although the insulation in the attic might have been replaced, there could still be insulation in the walls, which is a problem.
Several fireproof items, such as gloves, stove-top pads, ironing board covers, and artificial embers in a gas-fired fireplace, could also contain asbestos. It is important to remember that asbestos fibers are not dangerous unless they are released and inhaled.
Identifying Asbestos
Asbestos can’t be identified by looking at an object unless there is a specific label attached to the object. Suppose you suspect an issue with materials in your home, such as insulation, paint, or adhesives. In that case, you should contact an asbestos mitigation company that can take a sample and test it for asbestos levels.
You can also send your own sample to the National Voluntary Laboratory Accreditation Program (NVLAP). If you are collecting a sample, you must follow these safety procedures provided by the Consumer Product Safety Commission:
- Make sure no one else is in the room when the sampling is done.
- Wear disposable gloves or wash hands after sampling.
- Shut down heating or cooling systems to minimize the spread of released fibers.
- Do not disturb the material any more than is needed to take a small sample.
- Place a plastic sheet on the floor below the area to be sampled.
- Wet the material using a fine mist of water containing a few drops of detergent before taking the sample. The water/detergent mist will reduce the release of asbestos fibers.
- Carefully cut a piece from the entire depth of the material using a small knife, corer, or other sharp object. Place the small piece into a clean container (for example, a 35 mm film canister, small glass or plastic vial, or high-quality resealable plastic bag).
- Tightly seal the container after the sample is in it.
- Carefully dispose of the plastic sheet. Use a damp paper towel to clean up any material on the outside of the container or around the area sampled. Dispose of asbestos materials according to state and local procedures.
- Label the container with an identification number and clearly state when and where the sample was taken.
- Patch the sampled area with the smallest possible piece of duct tape to prevent fiber release.
- Send the sample to an asbestos analysis laboratory accredited by the NVLAP.
Dealing with Asbestos
If the test comes back positive, you have two options: Sealing or covering. With either option, you are essentially trapping the asbestos fibers to prevent them from being exposed. A mitigation company can also remove the asbestos, which can be costly, depending on the scenario.
If you or someone in your family has been diagnosed with a lung disease that can be attributed to asbestos exposure, you might be able to seek a remedy with the help of an attorney who is skilled in this area. The Frost Law Firm, PC has successfully supported many clients who are being challenged with mesothelioma and other illnesses associated with asbestos exposure.
It is important that you understand the scope of the applicable laws and if your situation is actionable. We would be happy to provide that information.
