Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals, despite the fact that asbestos is still prohibited. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals to be evaluated and reviewed.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws vary from state to state but generally, asbestos lawyer property owners are required to keep their premises safe and inform workers of potential dangers.

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 fibers can lead to serious health problems including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms may appear 15-30 years later. Even today, asbestos is still present in over 3,000 different products. If you suspect your home or workplace may contain asbestos, a licensed inspector should inspect the area. A professional can tell you what steps to take should asbestos be found in your home or workplace and will work with a contractor in the event of need.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, the victims can seek damages under a theory 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 inherently hazardous.

An asbestos lawyer can explain the different kinds of negligence and strict liability and can advise on whether this theory is applicable to your case. The law also requires employers to provide safe working conditions and adequate safety training for employees. This requirement can also apply to owners of buildings where asbestos is utilized in the event that it is established that the building will be used by third party employees.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who do this are required to provide "bankruptcy funds" which pay injured victim's pennies for their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

Congress considered, but did not pass, legislation that would have established the $140 billion trust fund for asbestos as a substitute for litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for compensation. 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 building materials, and many Americans might have assumed that asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its well-known cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to work day in and day out on this issue.

The first step towards the ban was in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of most asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos remains used in a variety of manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other purposes.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. The EPA took another major step towards a ban 2019 when it issued a final rule that strengthens the agency's ability to stop asbestos-containing items from returning to the market.

However, trade organizations continue to block the EPA's effort to ban asbestos. These groups claim asbestos bans would be a threat to the supply of chlorine in the United States and argue that there are alternatives in place of asbestos. They have hired consultants and experts to aid them in making their case. They are also turning on lawmakers who have connections to asbestos.

Our company has been fighting this battle for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly substance in the United States. This is an important step towards ensuring that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if have Asbestos

Asbestos is made up of a collection of minerals that are naturally occurring and are arranged into long, thin fibres. These materials are known for their flexibility, strength and resistance to chemicals and fire. These qualities made them useful in a variety of industrial products, including insulation.

Because asbestos is extremely versatile, it's utilized in a variety of household and commercial products. Examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential buildings, and asbestos lawyer fake fireplace embers. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibres into the atmosphere. Inhaling the fibers can trigger serious lung diseases such as mesothelioma or asbestosis. These illnesses can have a long latency time and patients might not experience symptoms for up to 20 years following exposure.

Many people are concerned that they might have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless they are disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning a renovation that could affect it, you should check with an asbestos specialist for further examination.

If asbestos law is in good shape there is no reason why you should remove it from your home. If you are concerned about your health, consult with a physician. They can order a variety of tests to see whether you're experiencing symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. Additionally the state laws require public employees to receive the same protections. If you are employed in a public establishment that is exposed to asbestos, your employer should give you information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to examine your home. The experts can examine and test your home.

How to Remove Asbestos

Asbestos removal is safe if you take the right precautions. Asbestos removal should be done by experts who are trained and licensed in the proper handling of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must adhere to state and federal regulations regarding the manner in which they do it. This includes covering every waste product generated by the project, and then disposing of it. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. To prevent this strict rules have been enacted.

Asbestos that is in good shape and won't be disturbed might not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition examined prior to you begin your work. This will enable a professional to determine whether the material requires abatement before beginning any work. It will also ensure that it is handled, packed, labeled and transported in accordance with the government regulations.

Anyone who uses asbestos without a permit is breaking the law, and violators are liable for heavy penalties. If you suspect that improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

In the process of removing asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray will help achieve this. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.

You can also protect small areas of asbestos in good condition using commercial products that fill holes and seal damage. They are available in stores which specialize in asbestos materials and safety items. For more information on how to properly remove asbestos read How to Remove Asbestos.