Is Asbestos Legal?

While asbestos is still banned, various legislative proposals that are incremental have churned through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals 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 but generally, property owners are required to keep their buildings secure and warn workers of any potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, lung cancer and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even in the present, asbestos is found in more than 3,000 products. A qualified inspector should be able to inspect your workplace or home if you suspect that it might contain asbestos. A professional can help determine what must be done if this material is present in your home and will work with an abatement professional in the event of a need.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence can be difficult. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the various types of negligence and strict liability and will advise you on whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees and adequate education in safety. This obligation can be extended to owners of buildings who employ asbestos if they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system is criticized for the lack of transparency, and because it does not cover future compensation.

In a bid to protect the public, Congress has considered but failed to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. The bill would have made use of funds held by 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.?

Asbestos is no longer a common ingredient in building materials, and some Americans may have assumed that the mineral was not allowed. However it is true that the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day on this issue.

In 1989, the EPA issued a regulation that prohibited the manufacture, importation and processing of asbestos-containing products. Chemical companies filed a lawsuit 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 operations.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In 2019, the EPA made a significant step towards a ban when it released an act that strengthened the agency's ability to stop asbestos-containing product from returning to the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. These groups claim that a ban would jeopardize the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them build their argument. They are also reaching out to lawmakers who have ties to asbestos.

Our firm has been fighting this fight for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is a crucial step towards ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if have asbestos

Asbestos is a grouping of minerals that naturally occur and are arranged into long, thin fibres. These materials are known for their toughness, flexibility and resistance to fire and chemicals. These qualities made them suitable in a number of industrial products, including insulation.

Asbestos is used in many different types of household and building products. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other building materials commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These lung diseases have a long period of time before they manifest, and the victims might not feel symptoms until 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is damaged. Homeowners should examine the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a renovation that could cause damage to it, you should speak an asbestos abatement expert to conduct a further examination.

If asbestos is in good shape, there is no reason why you should remove it from your home. Consult your doctor if you are worried about your health. They can order various tests to determine if you have symptoms linked to exposure to asbestos.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building that is exposed to asbestos, your employer must provide information on how to contact an asbestos compensation abatement contractor. Contact an environmental inspection firm to examine your home. The experts can inspect your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper precautions are taken. For this reason, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, they must follow all federal and state regulations. This includes covering and removing all waste from the project. Improperly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases, including lung cancer and mesothelioma. This is why strict guidelines are in place to prevent this from occurring.

If asbestos is in good shape and will not be affected, it will not cause health risks. However, it is recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will let the professional know whether the material requires to be abated before starting any work and Asbestos Legal will also ensure that it is handled, packed, labeled, transported, and then disposed of in accordance with government regulations.

It is unlawful for anyone to work in asbestos without a license and those who break these regulations face severe penalties. If you suspect improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To minimize the release of fibers into air, it is important to keep the material hydrated during the removal process. This can be achieved by spraying the asbestos with a mist of water or detergent prior to taking it off. After the asbestos is removed, it needs to be placed in heavy plastic bags or tarps double-wrapped and sealed by tape. This material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

Alternately, small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These are available at stores that specialize in asbestos products and safety products. For more information about how to remove asbestos learn about how to remove Asbestos.