Is Asbestos Legal?

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

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, however, in general, property owners are required to keep their buildings secure and warn workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibres can cause serious health issues like mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A professional can advise you on what you should do when asbestos is found in 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 the defendant's negligence can be a difficult task. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be proven and instead relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide information on the different types of strict liability and negligence and can advise on whether this theory is applicable to your case. Employers are also required to provide safe working conditions for their employees and adequate training in safety. This obligation may extend to the owners of buildings where asbestos is used if it is known that those buildings will be used by employees of a third party.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must 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 cover workers' future compensation.

Congress considered, but did not pass legislation that would have established an investment fund of $140 billion for asbestos to be used in lieu of litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was prohibited because it is no longer a common building material. However the United States is one of the few industrialized nations that do not have a ban on asbestos, despite the fact that asbestos claim is known to cause cancer in any quantity. This is a matter that our lawyers and the world's anti-asbestos movement continue to work on each day.

In 1989 the year 1989, EPA issued a regulation that prohibited the production, importation and processing of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and buy it from mining companies.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another major step towards a ban in 2019 when it issued a final rule that bolsters the agency's ability to stop asbestos-containing products from resurfacing on the market.

However, trade groups continue to stop the EPA's plan to prohibit asbestos. They argue that a ban would jeopardize the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their argument. They're also looking to lawmakers who have ties to asbestos.

This is a battle 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 dangerous substance in the United States. This is an important move to ensure that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is a class of naturally occurring minerals that are placed in thin, long fibers. These minerals are renowned for their strength, flexibility and resistance to chemicals and fire. These properties made these materials useful in a range of industrial products like insulation.

Asbestos is used in a variety of building and household products. Vinyl floor tiles, boiler and pipe insulation in commercial and asbestos legal residential construction, as well as fake fireplace embers are a few examples. Asbestos can also be found on ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These illnesses can have a long latency time and sufferers may not show symptoms for 20 to 50 years following exposure.

Many people worry that they have asbestos in their homes. Asbestos in good health will not release fibers until it is agitated. Homeowners should inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning a home remodel that could cause damage to it, you should check with an asbestos specialist to conduct a further examination.

If asbestos is in good shape there is no need to remove it. Consult your doctor if you are concerned about your health. They can conduct a variety of tests to determine if you are experiencing symptoms associated with 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 receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to examine your home. The experts can inspect your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos removal is safe provided you follow the correct precautions. Asbestos removal should be done by experts who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, they must adhere to all state and federal regulations. This includes covering any waste generated during the project and properly disposing of it. The improper handling and disposal of asbestos could expose workers and the general public to asbestos-related diseases, including lung cancer and mesothelioma. To stop this from happening strict guidelines have been put in place.

Asbestos in good condition that can't be disturbed may be safe for health. It is recommended to have any ACM which will be disturbed during renovations or demolition checked prior to when you begin work. This will permit the professional to determine whether the material requires to be abated before starting any work. They will also ensure that it is treated, packaged in a way that is labeled, transported and disposed of in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit is in violation of the law and those who violate it are subject to heavy penalties. If you suspect improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental health.

During the removal of asbestos, the substance must be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the material with a water/detergent mist before taking it away. After the asbestos is removed, it needs to be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition with commercial products that fill in holes and seal any damage. These are available at shops which specialize in asbestos materials and safety equipment. See How to Get Asbestos Out for more information on how to cover and dispose of asbestos in a safe manner.