Is Asbestos Legal?

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

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws vary from state to state but generally, property owners must keep their buildings safe and warn employees of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in more than 3,000 different products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A professional can help you determine what should be done in the event that asbestos is present in your home and will collaborate with an abatement contractor if necessary.

You may file a lawsuit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain instances, victims can claim damages under a theory of strict liability. This type of claim removes any need to prove four elements of negligence and asbestos lawyer is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and will advise you on whether this theory applies to your particular situation. Employers are also required to ensure safe working conditions for their employees and adequate education in safety. This obligation can extend to the owners of buildings where asbestos is utilized in the event that it is established that those buildings are used by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not provide workers with future compensation.

Congress looked at but could not approve legislation that would have created the $140 billion trust fund for asbestos as a substitute for litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it's not a typical building material. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact that asbestos claim has been linked to cancer in any amount. This is an issue our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.

The first step toward 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 industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards a ban when it released an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.

Trade groups are trying to block the EPA from banning asbestos. These groups argue that a ban could threaten the chlorine supply in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to make their case and are now turning to lawmakers who are connected to the asbestos industry.

Our company has been fighting this battle for more than 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and dangerous substance in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is made up of a grouping of minerals that are naturally occurring and are formed into long, fine fibers. These minerals are renowned for their durability, flexibility, and resistance to fire and chemicals. These properties made them useful in a number of industrial products, such as insulation.

Because asbestos is so versatile, it's employed in a wide range of household and industrial products. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as asbestosis or mesothelioma. These diseases have a lengthy duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. The majority of the time, asbestos in good state will not release any fibers unless they are disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged, or if you plan to renovate your home and alter it in any way, consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good health there is no need to remove it. Consult your physician if you are worried about your health. They can perform a variety of tests to determine whether you're suffering from symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally, state laws oblige public employees to have the same protections. If you work in an asbestos-rich building, your employer must provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos is safe to remove as long as the proper precautions are taken. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must follow all federal and state regulations. This involves properly covering and removing any waste from the project. Unsafe handling and disposal of asbestos can put workers and general public at risk of developing asbestos lawsuit-related diseases like mesothelioma, cancer, and lung disease. To prevent this, strict regulations have been enacted.

If asbestos is in good shape and will not be affected, it will not pose a health threat. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected before you begin your work. This will allow an expert to determine whether the material requires removal prior to starting any work. It will also ensure it is properly handled in a safe manner, packaged, labeled and transported in accordance with the government regulations.

It is illegal to work in asbestos without a license anyone who is in violation of these rules can face substantial fines. If you suspect that asbestos was not properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it is essential to keep the material damp during the removal process. This can be accomplished by spraying the material with a mist of detergent and asbestos lawyer water prior to taking it away. Once the asbestos has been removed, it has to be put into 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 protect small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. These are available at stores which specialize in asbestos materials and safety items. Check out How to Get Asbestos Out for more information about how to dispose and cover asbestos properly.