Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been tossed around Congress. One of them is 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.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state but generally, property owners must keep their premises safe and inform workers of the potential hazards.

The Law

Asbestos is an assortment of minerals that are naturally occurring. It was once used in construction as it was fire resistant, chemical corrosion-resistant and insulating. Inhaling asbestos fibers they can trigger serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even in the present, asbestos is present in more than 3,000 different products. If you suspect your home or workplace may contain asbestos, an experienced inspector should check the area. A professional can help determine what should be done when asbestos is found in your home and will collaborate with an abatement contractor when needed.

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, asbestos legal victims might be able to pursue damages on the basis 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 various kinds of negligence and strict liability and will be able to advise you if this theory is applicable to your situation. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This obligation could be extended to building owners who use asbestos if they know that employees from other companies will be using those buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies who make this decision are required to pay "bankruptcy funds" that pay injured victims pennies based on their previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't provide workers with future compensation.

To protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund to replace litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned due to the fact that it is no longer a commonly used building material. However it's true that the United States is one of the few industrialized countries that doesn't ban asbestos, despite the fact that asbestos legal is known to cause cancer in any amount. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.

The first step towards prohibition came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of most asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos continues to be 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 different purposes.

In 2016 Congress amended the Toxic Substances Control Act and gave the EPA more power to regulate hazardous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA took another major step towards a ban 2019 when it published an official rule that enhances the agency's ability to prevent asbestos-containing products from returning to the market.

Trade groups are attempting to stop the EPA's efforts to stop asbestos from being used in construction. They claim that asbestos bans would harm the nation's supply of chlorine and argue that there are alternatives to asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers with ties to asbestos's industry.

Our company has been fighting this fight for more than 15 year. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is an important move to ensure that no more Americans suffer the same fate as those millions of men women 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. They are known for being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a variety of industrial products, including insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These diseases may have a long time of latency and sufferers may not show symptoms for a period of 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless disturbed. Examine the material for water damage, abrasions or tears. If the material appears to be slightly damaged, or if you plan to remodel your house and alter it in any way, consult an asbestos abatement expert to conduct a more thorough inspection.

If asbestos is in good condition there is no reason to remove it from your home. Talk to your doctor if are worried about your health. They can order a variety of tests to determine if you suffer from symptoms relating to exposure to asbestos.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building where you are exposed asbestos, your employer should provide details on how to contact an asbestos removal contractor. You should also call an environmental inspector to examine your home. They can examine and test your home.

How to Remove Asbestos

Asbestos removal is safe when you take the right precautions. As a result, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to eliminate asbestos materials from their home, they must follow the federal and state regulations for how to complete the task. This includes properly covering any waste generated by the project, and then disposing of it. Improperly handling and disposing of asbestos can expose people and workers to asbestos-related diseases including lung cancer and mesothelioma. This is why strict rules are in place to stop this from happening.

Asbestos in good health that won't be disturbed might not pose a health risk. However, it is recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning 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 handled, packaged in a way that is labeled, transported and disposed of in compliance with government regulations.

It is illegal to work in asbestos without a license Anyone who does not comply with these regulations face severe penalties. If you suspect that asbestos was not properly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept moist throughout the process to prevent the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray will aid in this. Once 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 identified as asbestos waste and removed in a leak-proof vehicle.

In addition, small areas of asbestos that are in good condition can be coated with commercial products designed to repair holes and seal damages. These are sold at stores which specialize in asbestos materials and safety equipment. See How to Remove Asbestos for more details on how to dispose and cover asbestos safely.