Is Asbestos Legal?

Congress has passed several incremental legislation proposals despite the fact asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state but generally property owners are required to keep their premises safe and warn employees of any risks that might be present.

The Law

Asbestos is a range of naturally occurring minerals. It was previously used in construction since it was fire-resistant as well as chemical corrosion resistant and insulation. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is still present in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect that it might contain asbestos. A professional can help you determine what should be done in the event that asbestos is present within your home or workplace and collaborate with an abatement contractor if necessary.

You can file a suit against the manufacturer when they produce 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 removes any need to prove four elements of negligence and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can provide information on the different types of strict liability and negligence and can advise on whether this theory applies to your situation. The law also requires that employers provide safe working conditions and safety education to employees. This obligation could be extended to owners of buildings who use asbestos when they are aware that third-party employees will use those buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that do this are required to create "bankruptcy funds" which pay victims of injury pennies based on their previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't provide workers with future compensation.

To protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund in lieu of litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and many Americans may have assumed that the mineral was banned. However, the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that it's known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to work day in and day out to address this issue.

In 1989 the year 1989, the EPA issued a rule that prohibited the production, importation and processing of asbestos-containing products. However chemical companies sued and the court upheld 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 for other uses.

In 2016, Congress updated 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. The EPA took another major step towards a complete ban in 2019 when it published an official rule that enhances the agency's capacity to stop asbestos-containing products from coming back onto the market.

Trade groups are attempting to prevent the EPA from bans on asbestos. These groups claim that a ban will affect the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are now looking to lawmakers with ties to asbestos-related industries.

Our company has been fighting this battle for more than 15 year. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly chemical in the United States. This is a major step to ensure that there are 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 Suffering from Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in long, thin fibers. These materials are known as being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a variety of industrial products, including insulation.

Asbestos is utilized in many different types of building and household products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles, shingles 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 harmful fibres into atmosphere. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These illnesses may be extremely latency-prone and patients may not notice symptoms for 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to renovate your home and disturb it in any way, you must consult an asbestos abatement expert for a thorough examination.

If asbestos legal is in good condition there is no reason not to remove it from your home. If you are concerned about your health, you should consult with a physician. They can order a variety of tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. Additionally the laws of the state 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 details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to assess your home. These professionals can test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed provided that the appropriate precautions are followed. Asbestos removal must be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, he or she must adhere to all state and federal regulations. This involves properly covering and removing all waste resulting from the project. Improper handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. To prevent this strict regulations have been put in place.

Asbestos in good health that will not be disturbed may not pose any health risk. However, it is recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos expert prior to starting the 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 disposed of in compliance to the rules of the government.

It is illegal for anyone to work in asbestos without a license, and those who violate these regulations face severe penalties. If you suspect that improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

During the removal of asbestos, the material needs to be kept wet constantly to minimize the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray can aid in this. After the asbestos is removed, it needs to be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition using commercial products that fill in holes and seal any damage. These are available at shops that specialize in asbestos materials and safety products. See How to Get rid of Asbestos to learn more on how to cover and dispose of asbestos in a safe manner.