Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws differ between states, however, generally, property owners are required to ensure their buildings are safe and warn workers of any possible dangers.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers it can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos can be found in more than 3,000 items. A certified inspector should examine your workplace or asbestos Attorney home if you suspect it may contain asbestos. A professional can determine what you should do should asbestos be found in your workplace or at home and will work with a contractor if needed.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims may claim damages under a theory of strict liability. This type of claim removes the need to prove the four elements of negligence, and relies instead on the fact that the product was dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation could be extended to building owners who use asbestos when they are aware that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system is criticized for the lack of transparency and because it doesn't cover future compensation.

In an effort to protect the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in construction materials, and many Americans may have assumed that the mineral was prohibited. However the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact asbestos is known to cause cancer in any amount. This is a problem that our lawyers and the rest of the world's anti-asbestos movement continue to fight every day.

In 1989 the year 1989, EPA issued a rule which prohibited the production, importation and processing of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos is still being employed in a few manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for different purposes.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In 2019, the EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's capabilities to prevent asbestos-containing products from resurfacing on the marketplace.

Trade groups are trying to stop the EPA's efforts to stop asbestos from being used in construction. They claim that the asbestos ban would be a threat to the supply of chlorine in the United States and claim that there are alternatives than asbestos. They have hired experts and consultants to to make their case and are now looking to lawmakers with ties to the asbestos industry.

This is a battle our firm has been involved in for over 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and dangerous substance in the United States. This is an important move to ensure that there are no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is a grouping of minerals that naturally occur and are laid out into long, thin fibers. These materials are known as being strong, flexible and resistant to chemicals and fire. These properties make them useful in a variety of industrial products, including insulation.

Because asbestos is so versatile, it's employed in a myriad of household and building products. Examples include floor tiles made of vinyl as well as insulation for pipes and Asbestos Attorney boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Most of the time asbestos in good condition will not release fibers unless they are disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears slightly damaged, or if you plan to renovate your home and alter the material in any way, it is recommended to seek out an asbestos abatement professional for a thorough examination.

If asbestos is in good health, there is no need to get rid of it. Talk to your doctor if are worried about your health. They can order a variety of tests to determine if there are symptoms linked to exposure to asbestos.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. In addition, state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos Attorney removal is secure if you take the proper precautions. Asbestos removal should be performed by experts who have been trained and licensed in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must follow all federal and state regulations. This includes covering and removing all waste from the project. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict rules are in place to prevent this from happening.

Asbestos in good condition that can't be disturbed may not pose any health risks. However, it is recommended that you have any ACM that could be affected through demolition or renovations inspected by an asbestos professional before commencing the work. This will enable a professional to determine whether the material requires removal prior to commencing any work. It will also ensure it is properly handled, packed, labeled and transported in compliance with the government regulations.

It is illegal to work with asbestos without a license, and those who violate these rules can face substantial fines. If you suspect that improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental health.

When removing asbestos compensation, the material must be kept wet constantly to minimize the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to taking it away. Once the asbestos has been removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.

Alternatively, small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These products are available at stores that specialize on asbestos-related products and safety gear. For more information on how to properly cover and dispose of asbestos, see How to Remove Asbestos.