Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have churned through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. Laws vary by state, but in general property owners must ensure that their buildings safe and notify workers of potential dangers.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously used in construction as it was fireproof as well as chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can lead to serious health problems including lung cancer, mesothelioma and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should inspect your home or work place in the event that you suspect it could contain asbestos. A professional can determine what to do if asbestos case is present in your home or workplace and will work with a contractor when needed.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead rely on the fact that the product was a risk in itself.

An asbestos lawyer can explain the different types of negligence and strict liability and will be able to advise you if this theory applies to your particular situation. Employers are also required to offer safe working conditions for their employees and provide adequate training in safety. This obligation could be extended to building owners who use asbestos if they are aware that employees from third parties will be using the structures.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who do this are required to create "bankruptcy funds" that pay injured victims pennies for their past losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't pay future workers' compensation.

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

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in construction materials, and many Americans may have assumed that the mineral was banned. However the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that it's known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day to address this issue.

The first step towards a ban came in 1989 when the EPA issued a regulation prohibiting the production, importation, and processing of most asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority 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 operations.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA made another significant step towards a ban in 2019, when it released a final rule that bolsters the agency's capability to prevent asbestos-containing products from coming back onto the market.

Trade groups are trying to stop the EPA's attempt to stop asbestos from being used in construction. They argue that asbestos bans would threaten the country's chlorine supply and claim that there are safer options than asbestos. They have hired experts and consultants to make their case and are now turning to lawmakers who have ties to asbestos's industry.

This is a fight that our company has been involved in for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and Asbestos Legal will continue to participate until the EPA is able to ban the deadly and harmful substance in the United States. This is an important step towards ensuring 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 a class of naturally occurring minerals that are arranged in thin, long fibers. These materials are known for their strength, flexibility and resistance to fire and chemicals. These qualities make them ideal in a number of industrial products, including insulation.

Asbestos can be found in many different types of building and household products. Examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found on ceiling tiles, shingles as well as 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. Inhaling asbestos fibers can result in serious lung diseases like asbestosis or mesothelioma. These illnesses may be extremely latency-prone and patients may not show symptoms for a period of 20 to 50 years following exposure.

Many people are concerned that they have asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is damaged. Inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning a remodel that could disturb it, you should speak with an asbestos abatement specialist for a more thorough inspection.

If asbestos is in good shape, there is no reason not to remove it from your home. If you are concerned about your health, you should seek advice from a physician. They can perform various tests to determine if you suffer from symptoms relating to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building the employer has to provide you with information on how to contact a contractor who can remove asbestos. Contact an environmental company to examine your home. They can conduct a test on your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos removal is safe when you take the proper precautions. Asbestos removal should be done by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must abide by federal and state laws regarding how the work is done. This includes covering up all the waste produced by the project, and then disposing of it. Incorrectly handling and disposing of asbestos could expose people and workers to asbestos-related illnesses, including lung cancer and mesothelioma. To prevent this, strict regulations have been put in place.

If asbestos is in good shape and has not been damaged, it is unlikely to cause health risks. However, it is highly recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will enable a professional to determine whether the material requires abatement before starting any work. It will also ensure it is properly handled in a safe manner, packaged, labeled and transported in compliance with the regulations of the government.

It is unlawful for anyone to work on asbestos without a valid license and those who break these rules can face substantial fines. If you suspect that asbestos has not been properly removed from your property, Asbestos Legal call your local environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it is essential to keep the material wet during the removal process. Spraying the material before removing it with a water/detergent spray can aid in this. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly labeled as asbestos legal waste and disposed in a leak-proof car.

You can also cover small areas of asbestos that are in good condition with commercial items that seal holes and repair damage. These are products can be found in stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.