Is Asbestos Legal?

Although asbestos remains banned, asbestos legal numerous legislative proposals for incremental legislation have been tossed around Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. Laws vary state-to-state however, in general, property owners must keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was once used in construction because it was fireproof, chemical corrosion resistant, and insulates. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is found in more than 3000 products. If you are concerned that your workplace or house may contain asbestos, an experienced inspector should check the area. A professional can help you determine what steps to take when asbestos is found in your property and will collaborate with an abatement company if necessary.

You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It is often difficult to prove a defendant's fault. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proved however, instead it relies on the fact that a product was inherently dangerous.

An asbestos lawyer can explain the different kinds of strict liability and negligence and can advise on whether this theory applies to your particular situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate education in safety. This obligation can extend to the owners of structures where asbestos is used in the event that it is established that the building are used by third party employees.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't cover workers' future compensation.

Congress looked at but failed to pass legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. The bill would have taken money reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos case was banned because it is no longer a common building material. The United States is one the few industrialized nations that do not ban asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work every day on this issue.

In 1989 the year 1989, EPA published a rule that prohibits the importation, production, and processing of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos remains used in some manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it to use for Asbestos Legal other purposes.

In 2016 Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the market.

However, trade organizations continue to stop the EPA's plan to prohibit asbestos. These groups claim a ban on asbestos would affect the supply of chlorine in the country and claim that there are alternatives in place of asbestos. They have hired experts and consultants to make their case and are now looking to lawmakers who are connected to asbestos companies.

This is a fight that our firm has been involved in for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and harmful substance in the United States. This is a huge move to ensure that no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Know if You Are Infected with Asbestos

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

Asbestos is utilized in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos can also be found in shingles, ceiling tiles 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 dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases like mesothelioma or asbestosis. These diseases can be long-lasting and patients may not be symptomatic for a period of 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless they are disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you intend to remodel your house and alter the material in any way, you should consult an asbestos abatement expert for a further inspection.

If asbestos is in good health there is no reason to remove it. If you are concerned about your health, seek advice from a physician. They can perform a variety of tests to see whether you are suffering from symptoms associated with asbestos exposure.

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 work in an asbestos-containing building, your employer must provide you with information on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is safe if you take the right precautions. Because of this, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos materials from their home, they must adhere to federal and state laws regarding the manner in which they do it. This includes covering up all the waste produced during the project and properly disposing of it. Unsafe handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to stop this from occurring.

Asbestos that is in good shape and will not be disturbed may not pose a health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you begin work. This will allow the professional to determine whether the material must be sprayed prior to starting any work. It will also ensure that it is handled, packaged and labeled before being transported and then disposed of in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is violating the law, and violators are subject to heavy fines. 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 local or the state department of environmental quality.

During the removal of asbestos, the material needs to be kept wet throughout the process to prevent the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray can help in this. After the asbestos has been removed, it must be placed in thick plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste and removed in a leak-proof vehicle.

Alternatively small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These products are available at stores that specialize in asbestos materials and safety equipment. For more information about how to remove asbestos Learn How to Remove Asbestos.