Is Asbestos Legal?

Congress has approved a variety of incremental legislation proposals despite the fact that asbestos is still prohibited. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review.

In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws differ from state to state, but generally property owners are required to keep their premises safe and warn workers of any potential dangers.

The Law

Asbestos is an assortment of minerals that are naturally occurring. It was once used in construction as it was fire-resistant as well as chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos is still found in over 3,000 different products. If you think your home or workplace may contain asbestos, a qualified inspector should inspect the area. A professional can assist you in determining what should be done in the event that asbestos is present on your property and collaborate with an abatement contractor when needed.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove the defendant's guilt. In some instances, the victims may seek damages under a theory of strict liability. This type of claim removes any need to prove four elements of negligence and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of liability and tell you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and safety education to employees. This requirement can be extended to property owners who employ asbestos when they are aware that third-party employees will use those buildings.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" that pay victims of injury 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 doesn't pay future workers' compensation.

Congress was able to consider but could not approve, legislation that would have established a $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have taken money held in reserve by bankruptcy trusts, manufacturers 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 might have believed that asbestos was banned due to the fact that it's no longer a common building material. However it is true that the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any quantity. Our lawyers and the rest the world's anti-asbestos activists continue to work daily on this issue.

The first step towards the ban was in 1989 when the EPA issued a rule banning the production, importation, and processing of most asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it for other purposes.

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

Trade groups are attempting to prevent the EPA from prohibiting asbestos. The trade groups argue that a ban will affect the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their argument. They're also looking to lawmakers who have ties to asbestos.

Our company has been fighting this fight for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is a huge step to ensure that no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Know if You Have Asbestos

Asbestos is made up of minerals that occur naturally and are formed into long, fine fibres. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products such as insulation.

Asbestos is a component in many different types of building and household items. Examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces, and other common building materials.

When asbestos legal is disturbed it releases harmful fibers into the atmosphere. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good health is not likely to release fibers until it is agitated. Check the material for water damage, abrasions or Asbestos legal tears. If the material is damaged or you are planning a home remodel that could affect it, you should speak with an asbestos abatement specialist for further examination.

If asbestos is in good shape, there is no reason to eliminate it from your home. If you are concerned about your health, asbestos legal consult a doctor. They can conduct a variety of tests to determine whether you're experiencing symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public place where you are exposed asbestos, your employer should provide information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to examine your home. They will test your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos is safe to remove provided that the proper precautions are followed. Asbestos removal must be performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos materials from their home, they must abide by the federal and state regulations for how to complete the task. This includes properly covering all waste generated during the process and properly disposing it. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related diseases, like lung cancer and mesothelioma. To prevent this strict guidelines have been enacted.

Asbestos that is in good shape and is not disturbed could not pose any health risks. It is however recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before beginning any work. This will enable the professional to determine if the material needs to be removed prior to commencing any work and will also ensure that it is handled, packed and labeled, transported and disposed of in compliance with government regulations.

Anyone who uses asbestos without a permit violates the law, and those who do are liable for heavy fines. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into air, it's important to keep the material hydrated during the removal process. Spraying the material before getting rid of it using a detergent or water spray can aid in this. After the asbestos has been removed, it must be stored in plastic bags or tarps that are double-wrapped and sealed with tape. This material should be clearly identified as asbestos waste and removed in an enclosed vehicle that is leak-proof.

In addition small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These are available at stores that specialize in asbestos materials and safety products. Check out How to Remove Asbestos for more information on how to cover and dispose asbestos safely.