Is Asbestos Legal?

Congress has passed several incremental legislations despite the fact that asbestos is still prohibited. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws differ from state to state however, in general, property owners are obliged to keep their properties safe and inform workers of any dangers that could be present.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously used in construction because it was fireproof, chemical corrosion-resistant and insulation. Inhaling asbestos fibers, can cause serious health issues, 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 3,000 different products. If you suspect your home or workplace may contain asbestos, a licensed inspector should be able to inspect the area. A professional can tell you what to do if asbestos is present within your home or workplace and can work with a contractor if needed.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain cases, victims can claim damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain strict liability, negligence, and the different types and advise you if this theory applies in your case. The law also requires employers to provide safe working conditions and adequate safety training for their employees. This requirement can be extended to property owners who use asbestos, if they are aware third-party employees will use the buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who use this method are required to provide "bankruptcy funds" which pay victims of injury pennies based on their previous losses. This system is often criticized for its lack of transparency, as well because it does not provide future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. The bill would have tapped funds reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't get 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 commonly used building material. However it's true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any quantity. Our lawyers and the world's anti-asbestos activists continue to work day in and day out to address this issue.

The first step towards an end to the ban came in 1989 when the EPA issued a rule banning the importation, manufacturing and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another major step towards a ban 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are attempting to prevent the EPA from banning asbestos. These groups claim that a ban would threaten the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts town and country asbestos attorney consultants to help to make their case, and they are turning to lawmakers who have ties to asbestos companies.

This is a fight that our company has been involved in for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the dangerous and deadly substance in the United States. This is a huge step towards ensuring that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products like insulation.

Asbestos is a component in a variety of building and household products. Some examples include floor tiles made of vinyl, pipe insulation and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces, and other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the atmosphere. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These diseases have a lengthy duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. Asbestos that is in good condition will not release fibers until it is disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to make changes to your home or disturb it in any way, you must consult an asbestos abatement specialist for a second inspection.

If asbestos is in good condition, there is no reason not to remove it from your home. If you are concerned about your health, you should consult a doctor. They can order a variety of tests to determine if you have symptoms that are related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. Additionally states' laws require public employees to be provided with the same protections. If you work in an asbestos-rich building your employer is required to provide you with the information needed to find a contractor that can remove asbestos. You should also call an environmental inspector to assess your home. The experts can examine and Ballston Spa Asbestos Lawyer test your home.

How to Remove Asbestos

Asbestos removal is safe provided you take the right precautions. Asbestos removal must be performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner chooses to remove asbestos materials from their home, they must adhere to federal and state regulations on how the work is done. This includes properly covering and removing all waste resulting from the project. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from occurring.

If asbestos is in good condition and has not been disturbed, it may not be a health risk. However, it is advised that you have any ACM that is likely to be affected through demolition or renovations inspected by an ballston spa asbestos lawyer expert prior to beginning any work. This will let the professional know whether the material requires to be abated before starting any work. It will also ensure that it is properly handled, packaged, labeled, transported, and disposed of in accordance with the regulations of the government.

It is unlawful for anyone to work in asbestos without a license anyone who is in violation of the rules are subject to severe fines. If you suspect improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

In the process of removing asbestos, the material should be kept wet all the time to limit the release of airborne fibers. Spraying the material before getting rid of it using a detergent or water spray will help achieve this. Once the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

Additionally, small areas of asbestos in good condition can be coated with commercial products designed to repair holes and seal damages. These products are available in stores that specialize in asbestos-related products and safety equipment. For more details about how to cover and dispose of asbestos read How to Remove Asbestos.