Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals to be evaluated and reviewed.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary between states, however, generally, property owners are obliged to keep their properties secure and inform workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however it can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos can be found in more than 3,000 products. A certified inspector should examine your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what steps to take should asbestos be present within your home or workplace and will collaborate with a contractor when needed.

You can file a suit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain instances, victims can claim damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of negligence and inform whether this theory applies in your case. Employers are also required to offer safe working conditions for their employees, and to provide adequate education in safety. This obligation could extend to owners of buildings that are constructed with asbestos if it is known that those buildings will be utilized by employees of third parties.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

In an effort to protect the public, Congress has considered but did not pass legislation that would establish a $140 billion asbestos trust fund to replace litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have thought that asbestos was banned because it is no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work day in and day out to address this issue.

The first step towards prohibition came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos remains used in a variety of manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it to use for other uses.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took another major step toward a ban in 2019 when it published the final rule, which strengthens the agency's ability to prevent asbestos-containing items from returning to the market.

However, trade groups are attempting to stop the EPA's plan to stop asbestos from being used in construction. They argue that a ban could threaten the supply of chlorine in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers who have ties to asbestos litigation's industry.

Our company has been fighting this fight for more than 15 year. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is a major step 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 Tell if You Are Infected with Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. They are known for their durability, flexibility, and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, the microscopic fibers could 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 worry that they have asbestos in their home. Asbestos in good shape is unlikely to release any fibers until it is damaged. Be sure to inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel which could impact it, you should consult an asbestos abatement expert for further examination.

If asbestos is in good condition, there is no reason why you should remove it from your home. If you are concerned about your health, you should consult with a physician. They can conduct various tests to determine if you suffer from symptoms linked to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide information on how to contact an asbestos abatement contractor. You should also seek out an environmental inspection company to assess your home. They can examine and test your home.

How to Get Asbestos Out

Asbestos is safe to remove provided that the appropriate precautions are followed. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos from their house, they must comply with federal and state laws regarding how the work is done. This includes covering all the waste produced by the project and disposing it. Improperly handling and disposing of asbestos can expose people and workers to asbestos-related ailments, such as lung cancer and mesothelioma. This is the reason strict regulations are in place to stop this from occurring.

If asbestos is in good condition and isn't disturbed, it should not pose a health threat. It is recommended to have any ACM that will be disturbed during renovations or demolition inspected before you begin your work. This will allow an expert to determine if the material requires abatement before commencing any work. It will also ensure it is properly handled wrapped, labeled, and transported according to the government regulations.

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

To reduce the release of fibers into air, it is important to keep the material moist during the removal process. This can be achieved by spraying the material with a detergent or water mist prior to taking it away. After the asbestos has been removed, it has to be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material should be clearly labeled as asbestos waste and removed in a leak-proof vehicle.

Additionally small areas of asbestos in good condition can be covered with commercial products designed to make holes or seal the damage. These are products can be found in stores that specialize in asbestos materials and safety equipment. For more information about how to remove asbestos read How to Remove Asbestos.