Is Asbestos Legal?

Congress has approved a variety of incremental legislations, despite the fact that asbestos is still prohibited. One of these, 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.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. Laws vary state-to-state however, in general, property owners are required to keep their buildings safe and warn workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should check your workplace or home in the event that you suspect it could contain asbestos. A professional can help determine what should be done if this material is present in your home and will collaborate with an abatement company in the event of a need.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims could be able to claim damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory is applicable to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training for employees. This obligation could be extended to building owners who use asbestos when they are aware that employees from other companies will be using those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. This system is criticised for the lack of transparency and since it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but failed to approve legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in construction materials, and a lot of Americans might have assumed that asbestos was banned. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos, despite the fact that asbestos attorney has been proven to cause cancer in any quantity. Our lawyers and the rest the international anti-asbestos campaign continue to work daily to address this issue.

In 1989 the year 1989, EPA published a rule that prohibited the production, importation, and processing of asbestos-containing products. However, the chemical industry sued and the court overturned most of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and buy it from mining companies.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA took another step towards a complete ban in 2019, when it announced a final rule that bolsters the agency's ability to prevent asbestos-containing products from returning to the market.

Trade groups are trying to block the EPA from prohibiting asbestos. These groups claim that a ban could threaten the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments, and they are turning to lawmakers with ties to asbestos companies.

This is a fight that our firm has been involved in for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly substance in the United States. This is an important step to ensure that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is minerals that are naturally occurring and are formed into long, asbestos legal fine fibres. These minerals are renowned for their toughness, flexibility and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos is so versatile, it's used in a myriad of household and building items. Vinyl floor tiles boiler and pipe insulation in residential and commercial building, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for pipes, furnaces and other building materials commonly used.

When asbestos is disturbed it releases dangerous fibres into the air. Inhaled fibers can cause serious lung conditions like mesothelioma or asbestosis. These diseases may be long-lasting, and victims may not notice symptoms for a period of 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. Check the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to renovate your home and disturb it in any way, you should consult an asbestos removal expert for a second inspection.

If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, seek advice from a physician. They can perform a variety of tests to see whether you're experiencing symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. 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 connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. They will test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided the proper precautions are followed. Asbestos removal is best done by experts who are trained and licensed in the proper handling of the substance. If homeowners decide to remove asbestos from their home, he or she must comply with all state and federal regulations. This involves properly covering and disposing of all waste generated by the project. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related ailments, like lung cancer, and mesothelioma. To stop this from happening strict guidelines have been put in place.

If asbestos is in good condition and has not been affected, it will not cause health risks. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected prior to begin work. This will allow the professional to determine whether the material should be removed prior to beginning any work. It will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance to the rules of the government.

Anyone who works with asbestos without a permit violates the law. Those who break it face heavy penalties. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To prevent the release of fibers into the air, it is important to keep the material moist during the removal process. Spraying the material prior to taking it off with a water/detergent spray will aid in this. Once the asbestos has been removed, it must be put into plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Additionally small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal any damage. These are available at shops which specialize in asbestos materials and safety products. For more details about how to remove asbestos, see How to Remove Asbestos.