Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact asbestos is still prohibited. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.

In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws differ between states, but generally, property owners are required to ensure their buildings are secure and warn workers of any dangers that could be present.

The Law

Asbestos is a range of naturally occurring minerals. It was once used in construction because it was fire-resistant, chemical corrosion-resistant and insulating. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place if you suspect it may contain asbestos. A professional can advise you on what must be done should asbestos be found on your property and collaborate with an abatement contractor should it be necessary.

It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. It isn't always easy to prove the defendant's guilt. In some cases, victims might be able seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate education in safety. This obligation could extend to owners of structures where asbestos is used in the event that it is established that the buildings will be utilized by third party employees.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. The system is criticized for its lack of transparency, as well because it does not provide future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would establish a $140 billion asbestos trust fund to replace litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have believed asbestos was banned since it's no longer a common building material. However it is true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the world's anti-asbestos movement continue to work day in and day out on this issue.

In 1989 the year 1989, EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. However chemical companies sued and the court ruled in favor of the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the substance and purchase it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another step towards a ban 2019 when it published the final rule, which strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. The trade groups argue that a ban would threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to aid them in making their case. They are also turning to legislators with ties to asbestos.

This is a war that our company has been involved in for over 15 years. We are extremely proud of our role with 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 major step in ensuring that nobody else Americans suffer the same fate as millions of 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. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These qualities make them ideal in a variety of industrial products, including insulation.

Asbestos is used in many different types of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos is also present in ceiling tiles, shingles as well as insulation for furnaces and Asbestos Legal pipes in schools, and 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 asbestosis or mesothelioma. These diseases have a lengthy period of time before they manifest, and the victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their home. Asbestos in good shape is not likely to release fibers until it is agitated. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you intend to remodel your home and alter it in any way, you must consult an asbestos removal expert to conduct a more thorough inspection.

If asbestos is in good shape there is no reason to remove it. Talk to your doctor if are worried about your health. They can conduct a variety of tests to determine if you are experiencing symptoms related to 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 details on how to find a contractor that can remove asbestos. Contact an environmental inspection company to evaluate your home. They will test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos removal is safe when you take the appropriate precautions. Asbestos removal must be performed by experts who have been trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their house, they must comply with the federal and state regulations for how the work is carried out. This includes covering up every waste product generated during the process and properly disposing it. Incorrect handling and disposal of asbestos can put workers and general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict guidelines are in place to prevent this from occurring.

If asbestos is in good shape and isn't disturbed, it may not cause health risks. It is however recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos expert prior to beginning the work. This will enable a professional to determine if the material needs to be removed prior to starting any work. It will also make sure that it is handled in a safe manner, packaged, labeled and transported in compliance with the regulations of the government.

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

In the process of removing asbestos, the material needs to be kept moist constantly to minimize the release of airborne fibers. Spraying the material prior to removal with a detergent or water spray will aid in this. After the asbestos has been removed, it has to be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste, and disposed in a leak-proof car.

You can also cover small areas of asbestos that are in good condition by using commercial products that fill in holes and seal any damage. These products are sold in stores that specialize in asbestos-related products and safety gear. For more information about how to remove asbestos, see How to Remove Asbestos.