Is Asbestos Legal?

Although asbestos is still banned, various legislative proposals that are incremental have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ from state to state however, in general, property owners are required to ensure their buildings are secure and warn workers of any potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once popular in construction due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, however it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even today, asbestos can be found in more than 3,000 different products. If you believe your home or workplace may contain asbestos, a qualified inspector should be able to inspect the area. A qualified professional can help you decide what steps to take if asbestos is present in your home or workplace and work with a contractor if needed.

It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain cases, victims may seek damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and is based on the fact that the product was intrinsically 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 particular situation. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This requirement can also apply to owners of buildings where asbestos is used when it is believed that the building will be used by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. The system is criticized for its lack of transparency and because it doesn't cover future compensation.

Congress was able to consider but failed to pass legislation that would have created the $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed asbestos was banned since it is no longer a widely used building material. However it's true that the United States is one of the few industrialized nations that does not ban asbestos, despite the fact that asbestos case is known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to work daily on this issue.

The first step towards a ban came in 1989 when the EPA issued a regulation prohibiting the production, Asbestos Legal importation, and processing of all asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and buy it from mining companies.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took another major step towards a ban 2019, when it released an official rule that enhances the agency's capacity to stop asbestos-containing products from coming back onto the market.

Trade groups are trying to block the EPA from prohibiting asbestos. These groups claim that a ban would threaten the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help present their arguments and are looking to lawmakers who are connected to asbestos's industry.

This is a battle that our firm has been involved in for more than 15 years. We are proud of our involvement 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 an important step towards ensuring that there are no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Tell if you have asbestos

Asbestos is a group of naturally occurring minerals that are placed in 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, including insulation.

Because asbestos is so versatile, it's employed in a variety of buildings and household products. Vinyl floor tiles as well as 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, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases such as asbestosis or mesothelioma. These diseases may be long-lasting and sufferers might not experience symptoms for 20 to 50 years following exposure.

Many people are concerned that they might have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears slightly damaged, or if you plan to remodel your house and disturb it in any way, it is recommended to consult an asbestos abatement specialist for a further inspection.

If asbestos is in good shape, there is no need to eliminate it. If you are concerned about your health, consult with a physician. They can order a variety of tests to determine if there are symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally, state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility your employer is required to provide you with the information needed to reach a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is safe when you follow the correct precautions. As a result, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, he or she must comply with all federal and state regulations. This includes properly covering all the waste produced during the project and properly disposing of it. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and asbestos legal lung disease. This is why strict regulations are in place to stop this from happening.

Asbestos that is in good shape and can't be disturbed may be safe for health. It is however recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to starting the work. This will allow an expert to determine whether the material requires abatement before beginning any work. It will also ensure that it is properly handled wrapped, labeled, and shipped in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit violates the law, and those who do face heavy fines. If you suspect that asbestos was not properly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.

To prevent the release of fibers into air, it's important to keep the material hydrated during the removal process. Spraying the asbestos prior removal with a detergent or water spray will aid in this. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and then disposed of in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition using commercial products that seal holes and repair damage. These are available at stores which specialize in asbestos materials and safety equipment. Find out How to Get rid of Asbestos to learn more about how to cover and dispose of asbestos litigation safely.