Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws vary between states, however, in general, property owners are required to keep their buildings safe and inform workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place in the event that you suspect it could contain asbestos. A professional can advise you on what must be done if this material is present in your home and will work with an abatement professional should it be necessary.

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 instances, 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 established, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the different kinds of strict liability and negligence and will advise you on whether this theory applies to your situation. Employers are also required to provide safe working conditions to their employees and asbestos litigation provide 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 the structures.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system is criticized for the inconsistency of the system, and because it does not cover future compensation.

In an effort to protect the public, Congress has considered but failed to pass legislation that would create a $140 billion asbestos trust fund to replace litigation. This legislation would have taken funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was prohibited because it is no longer a commonly used building material. However the United States is one of the few industrialized nations that does not ban asbestos despite the fact asbestos has been linked to cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to fight every day to address this issue.

The first step towards the ban was in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it to use for different purposes.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA made another significant step towards a ban in 2019, when it announced an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups are trying to prevent the EPA from banning asbestos. These groups argue that a ban will affect the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to assist them in making their argument. They're also looking on lawmakers who have connections to asbestos.

This is a fight that our firm has been involved in for more than 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and harmful substance in the United States. This is a crucial step towards ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is minerals that are found naturally and are organized into long, thin fibers. They are known for being tough, flexible and resistant to chemicals and fire. These qualities made them suitable in a variety of industrial products, such as insulation.

Because asbestos is so versatile, it's used in a range of household and industrial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is agitated. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears slightly damaged, or if you plan to remodel your home and alter the material in any way, it is recommended to consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good health there is no need to remove it. See your doctor if are concerned about your health. They can order a variety of tests to determine if there are symptoms related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. Additionally states' laws oblige public employees to have the same protections. If you work in an asbestos-containing structure the employer has to provide you with information on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is safe to remove provided that the appropriate precautions are followed. This is why asbestos removal should be left to experts who are licensed and educated in the proper handling and asbestos litigation disposal of the material. If a homeowner decides to remove asbestos materials from their home, they must follow federal and state regulations on the manner in which they do it. This includes covering every waste product generated during the process and properly disposing it. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related diseases including lung cancer and mesothelioma. To avoid this strict regulations have been enacted.

Asbestos that is in good condition and won't be disturbed might not pose any health risks. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to begin your work. This will permit the professional to determine if the material needs to be abated before starting any work and will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance with the regulations of the government.

Anyone who uses asbestos without a permit is in violation of the law and those who violate it are liable for heavy penalties. If you suspect that an improper abatement occurred on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

To reduce the release of fibers into air, it's important to keep the material wet during the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it away. Once the asbestos has been removed, it has to be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition by using commercial products that can fill holes and seal damages. These products are available in stores that specialize in asbestos-related products and safety equipment. For more details on how to properly cover asbestos and dispose of it Learn How to Remove Asbestos litigation.