Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary from state to state however, in general, property owners are required to keep their premises secure and warn workers of any possible dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however, can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos can be found in more than 3000 products. If you believe your workplace or home may contain asbestos, a certified inspector should check the area. A professional can assist you in determining what needs to be done in the event that asbestos lawsuit is present within your home or workplace and collaborate with an abatement contractor if necessary.

You can file a lawsuit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain cases, victims could be able to claim damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established and instead relies on the fact that a product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and safety training to employees. This obligation could be extended to property owners who use asbestos when they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.

Congress considered but did not adopt legislation that would have established a $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have taken money reserved by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned due to the fact that it's no longer a common building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. This is a problem that our lawyers and the rest of the world's anti-asbestos movement continue to work on each day.

In 1989 in 1989, the EPA published a rule that prohibited the production, importation, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it to use for other purposes.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos is now on the list of substances that require an assessment of risk. In the year 2019, the EPA made a significant step towards an end to asbestos when it announced an act that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the market.

However, trade groups continue to block the EPA's effort to stop asbestos from being used in construction. They claim that a ban on asbestos would threaten the country's chlorine supply and claim that there are better alternatives than asbestos. They have hired experts and consultants to to make their case and are now looking to lawmakers with ties to asbestos-related industries.

This is a battle that our firm has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step towards ensuring that no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to tell if you Are Infected with Asbestos

Asbestos is a collection of minerals that are naturally occurring and are arranged into long, thin fibres. These minerals are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products including insulation.

Because asbestos is extremely versatile, it's utilized in a myriad of household and building items. Examples include vinyl floor tiles as well as insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These lung diseases have a long duration of incubation, asbestos and sufferers might not feel symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning to remodel your home that could disturb it, you should consult with an asbestos removal specialist for a more thorough examination.

If asbestos is in good shape, there is no need to get rid of it. If you are concerned about your health, consult a doctor. They can conduct various tests to determine whether you suffer from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you are employed in a public establishment that is exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. These professionals can test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the appropriate precautions are followed. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, they must follow federal and state regulations on how the work is carried out. This includes covering every waste product generated during the project and properly disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is why strict guidelines are in place to stop this from happening.

Asbestos in good health that is not disturbed could not pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected before you start the work. This will permit the professional to determine whether the material must be sprayed prior to starting any work and will also ensure that it is properly handled, packaged, labeled, transported, and disposed of according with government regulations.

Anyone who works with asbestos without a permit is breaking the law, and violators are subject to heavy fines. If you suspect improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

During the removal of asbestos, the material must be kept moist throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the material with a mist of detergent and water prior to removing it. After the asbestos is removed, it should be placed in thick plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste, and then disposed in a leak-proof car.

You can also protect small areas of asbestos in good condition with commercial items that fill holes and seal damage. These products are available at stores that specialize in asbestos materials and safety equipment. For more information about how to cover and dispose of asbestos learn about how to remove Asbestos.