Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation 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 prioritization list of chemicals for risk assessment and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary from state to state, however, in general, property owners are required to ensure their buildings are secure and inform workers of any potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once used in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health issues, including lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even in the present, asbestos is present in over 3,000 different products. If you believe your home or workplace may contain asbestos, a certified inspector should check the area. A professional can advise you on what steps to take should asbestos be present in your workplace or at home and work with a contractor in the event of need.

It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims may seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven however, instead it relies on the fact that the product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of 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 as well as adequate safety training for their employees. This requirement can be extended to owners of buildings who employ asbestos, if they are aware employees from third parties will be using the structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that use this method are required to create "bankruptcy funds" that pay injured victims pennies on the dollars of their past losses. This system is criticised for the inconsistency of the system, and since it doesn't cover future compensation.

To protect the public, Congress has considered but failed to pass legislation that would create a $140 billion asbestos trust fund to replace litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was banned due to the fact that it's not a typical building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work day in and day out on this issue.

The first step toward the ban was in 1989, when the EPA issued a regulation prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still employed in a few 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 and provided the EPA greater authority to regulate dangerous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA took another major step towards a complete ban in 2019, when it released a final rule that bolsters the agency's capacity to stop asbestos-containing products from coming back onto the market.

Trade groups are attempting to stop the EPA from prohibiting asbestos. These groups argue that a ban would jeopardize the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and experts to aid them in making their case. They're also looking on lawmakers who have connections to asbestos.

This is a battle our company has been involved in for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a major step in ensuring that nobody else Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is a collection of minerals that are naturally occurring and are laid out into long, thin fibres. These materials are known for their durability, flexibility, and resistance to chemical and fire. These properties made these materials useful in a range of industrial products like insulation.

Because asbestos is so versatile, it's employed in a wide range of buildings and household items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. These diseases can have a long latency time, and victims may not be symptomatic for up to 20 years following exposure.

Many people are concerned about asbestos in their homes. In most cases asbestos in good condition will not release fibers unless they are disturbed. Inspect the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you are planning to renovate your home and alter the material in any way, you must seek out an asbestos abatement professional for a further inspection.

If asbestos is in good condition, there is no need to remove it. If you are concerned about your health, you should consult a doctor. They can perform various tests to determine if you have symptoms relating to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with information on how to find a contractor that 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 Remove Asbestos

Asbestos is safe to remove provided the proper precautions are followed. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes covering up any waste generated during the project and properly disposing of it. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict guidelines are in place to stop this from happening.

Asbestos in good condition that is not disturbed could not pose any health risk. It is recommended to have any ACM which will be disturbed during renovation or demolition examined prior to you begin the work. This will enable the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is treated, packaged and labeled, transported and then disposed of in accordance with government regulations.

Anyone who is working with asbestos without a permit is violating the law, and violators are liable for heavy fines. If you suspect that asbestos was improperly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is important to keep the material wet throughout the removal process. This can be achieved by spraying the asbestos with a water/detergent mist before removing it. After the asbestos has been removed, it should be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and disposed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. They are available in stores that specialize in asbestos products and safety products. For more details on how to properly cover and dispose of asbestos learn about how to remove Asbestos.