Is Asbestos Legal?

While asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of these, 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 be held responsible for asbestos-related injuries. State laws differ, but in general property owners must ensure that their premises safe and inform workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can cause serious health issues, including lung cancer, mesothelioma and asbestosis. The symptoms may take 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 different products. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can advise you on what steps to take if asbestos is present in your workplace or home and will work with a contractor when needed.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims could be able to claim 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 the product was inherently hazardous.

An asbestos legal lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help whether this theory applies to your situation. The law also requires that employers provide safe working conditions as well as adequate safety training to employees. This obligation may extend to owners of buildings that are constructed with asbestos in the event that it is established that those buildings will be used by employees of a third party.

Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not guarantee future compensation for workers.

To protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund in lieu of litigation. The bill would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in construction materials, and many Americans might have believed that the mineral was prohibited. However it's true that the United States is one of the few industrialized nations that does not ban asbestos despite the fact it's known to cause cancer in any amount. This is an issue our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.

In 1989 the year 1989, EPA issued a regulation that banned the importation, manufacture and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list of chemicals that require a risk assessment. In the year 2019, the EPA made a significant step towards an asbestos ban when it published an ordinance that strengthened the agency's ability to stop asbestos-containing products from resurfacing on the market.

Trade groups are once again trying to block the EPA's effort to stop asbestos from being used in construction. They claim that the ban on asbestos will threaten the country's chlorine supply and argue that there are alternatives than asbestos. They have hired experts and consultants to help argue their case and are looking to legislators who have ties to asbestos-related industries.

Our firm 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 is able to ban the deadly and dangerous substance in the United States. This is a significant step to ensure that nobody else Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their strength, flexibility and resistance to chemical and fire. These properties made them useful in a number of industrial products, like insulation.

Asbestos is used in many different types of household and building products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos can also be found on shingles, Asbestos Legal ceiling tiles, insulation for furnaces and pipes in schools, as well as many other common building materials.

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

Many people are concerned about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is damaged. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you intend to make changes to your home or alter it in any way, seek out an asbestos abatement professional for a thorough examination.

If asbestos is in good shape, there is no reason to eliminate it from your home. If you are concerned about your health, consult a doctor. They can perform a variety of tests to determine if you are experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. Additionally, state laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer must provide you with information on how to find a contractor that can remove asbestos lawsuit. You should also call an environmental inspector to evaluate your home. These professionals can examine and test your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the appropriate precautions. Because of this, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos materials from their home, they must adhere to state and federal regulations regarding how to complete the task. This includes properly covering all waste generated by the project and disposing it. The improper handling and disposal of asbestos can expose workers and others to asbestos-related ailments, including lung cancer and mesothelioma. To stop this from happening strict rules have been put in place.

Asbestos in good condition that won't be disturbed might not pose any health risks. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you begin work. This will allow an expert to determine whether the material requires abatement before commencing any work. It will also ensure that it is handled, packed, labeled and shipped in accordance with the government regulations.

It is illegal for anyone to work with asbestos without a license and those who break the rules are subject to severe fines. If you suspect that improper abatement occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

To prevent the release of fibers into the air, it's important to keep the material hydrated throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray can aid in this. After the asbestos is removed, it has to be put into plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos in good condition by using commercial products that fill in holes and seal any damage. These are sold at stores which specialize in asbestos materials and safety items. Find out How to Get Asbestos Out for more information about how to dispose and cover asbestos properly.