Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. Laws vary by state however, generally property owners are required to keep their buildings safe and notify workers of any dangers that could be present.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction because it was fireproof, chemical corrosion-resistant and insulating. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer, and asbestosis. The symptoms may take 15 to 30 years to appear after exposure. Even in the present, asbestos can be present in over 3,000 different products. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can advise you on what needs to be done in the event that asbestos is present within your home or workplace and work with an abatement professional when needed.

It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some instances, the victims can pursue damages based on a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven, but instead rely on the fact that a product was a risk in itself.

An asbestos lawyer can explain the various types of negligence and strict liability and will be able to advise you if this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation could be extended to property owners who employ asbestos if they know that third-party employees will use the buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of past losses. This system is criticized for its lack of transparency, and since it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos litigation trust fund to replace litigation. The bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned In The U.S.

Many Americans might have believed that asbestos was banned because it's not a typical building material. However, the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact it's known to cause cancer in any amount. This is an issue that our lawyers and the rest of the international anti-asbestos campaign continue to tackle every single day.

In 1989 the year 1989, EPA issued a regulation that banned the importation, manufacture and processing of asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for other purposes.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. In 2019, the EPA made a significant step towards a ban when it released an ordinance that strengthened the agency's capabilities to prevent asbestos-containing products from coming back to the market.

Trade groups are attempting to stop the EPA's attempt to stop asbestos from being used in construction. These groups argue that a ban could threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to argue their case and are now turning to lawmakers who have ties to asbestos companies.

Our company has been fighting this fight for more than 15 year. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a huge step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Determine if You Have Asbestos

Asbestos is a grouping of minerals that are found naturally and asbestos lawyer are laid out into long, thin fibers. They are known for being strong, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos is so versatile, it is used in a variety of buildings and household products. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes, as well as other common building materials.

When asbestos is disturbed it releases harmful fibers into the atmosphere. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These illnesses have a long period of time before they manifest, and the victims may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless disturbed. Check the material for water damage, abrasions or tears. If the material appears slightly damaged or if you intend to renovate your home and disturb it in any way, it is recommended to consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good shape, there is no reason to remove it from your home. Consult your physician if you are worried about your health. They can perform a variety of tests to see whether you are suffering from symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally the laws of the state oblige public employees to have the same protections. If you work in an asbestos-containing structure your employer must provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. These professionals can test your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos is safe to remove provided that the appropriate precautions are followed. Asbestos removal should only be performed by experts who have been trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow the federal and state regulations for how to complete the task. This includes properly covering all the waste produced during the process and properly disposing it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To stop this from happening, strict regulations have been enacted.

Asbestos that is in good shape and will not be disturbed may not pose any health risk. However, it is highly recommended that you have any ACM that is likely to be affected through demolition or renovations inspected by an asbestos expert prior to starting the work. This will enable the professional to determine if the material needs to be abated before starting any work. They will also ensure that it is treated, packaged and labeled before being transported and disposed of in compliance with regulations set by the government.

It is illegal to work with asbestos without a permit Anyone who does not comply with the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. This can be achieved by spraying the asbestos with a mist of detergent and water prior to taking it off. Once the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste and then disposed in a leak-proof car.

Alternatively small areas of asbestos in good condition can be covered with commercially-made products designed to repair holes and seal damages. These are products can be found in stores that specialize in asbestos materials and safety equipment. For more information about how to cover asbestos and dispose of it read How to Remove Asbestos.