Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, generally, property owners are required to ensure their buildings are safe and warn workers of any potential dangers.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction because it was fire resistant, chemical corrosion resistant, and insulating. Inhaling asbestos fibers they can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is still present in over 3,000 different products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A professional can help determine what steps to take should asbestos be found within your home or workplace and collaborate with an abatement contractor when needed.

You can bring a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some instances, the victims may pursue damages based on a theory of strict liability. This type of claim does not require the four elements of negligence to be proven however, instead it relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain strict liability, negligence and the various types of liability and tell whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This obligation can be extended to building owners who employ asbestos, if they are aware employees from other companies will be using those buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who make this decision are required to create "bankruptcy funds" which pay victims of injury pennies on the dollars of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't provide workers with future compensation.

Congress looked at but failed to pass legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. This bill would have used 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 no longer ubiquitous in building materials, and some Americans may have assumed that asbestos was banned. However the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that asbestos has been linked to cancer in any amount. This is a matter that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day.

The first step toward the ban was in 1989, when the EPA issued a regulation prohibiting the manufacturing, importation and processing of all asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another step toward a ban in 2019 when it issued an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.

However, trade organizations are once again trying to stop the EPA's attempt to prohibit asbestos. They argue that a ban would jeopardize the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments and are looking to lawmakers who are connected to asbestos-related industries.

This is a fight that our firm has been involved in for over 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly chemical in the United States. This is a major step in ensuring that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Tell if you have asbestos

Asbestos is an assortment of minerals that naturally occur and are organized into long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to chemicals and Asbestos Legal fire. These properties made these materials useful in a range 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, as well as fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is damaged. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears slightly damaged, or if you plan to make changes to your home or alter it in any way, you must seek out an asbestos abatement professional for a second inspection.

If asbestos is in good shape there is no reason why you should remove it from your home. Talk to your doctor if are concerned about your health. They can perform a variety of tests to determine if you are experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally, state laws oblige public employees to have the same protections. If you work in an asbestos-rich building, your employer must provide you with the information needed to reach a contractor who can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed provided that the appropriate precautions are taken. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos case from their home, he or she must comply with all state and federal regulations. This includes covering and disposing of all waste generated by the project. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is why strict rules are in place to prevent this from happening.

Asbestos that is in good condition and is not disturbed could not pose any health risk. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before starting the work. This will allow the professional to determine whether the material requires to be removed prior to commencing any work. They will also ensure that it is treated, packaged and labeled, transported and then disposed of in accordance with regulations set by the government.

It is illegal to work with asbestos without a permit anyone who is in violation of these rules can face substantial fines. If you suspect that asbestos was not properly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into the air, it is important to keep the material hydrated during the removal process. Spraying the asbestos prior taking it off with a water/detergent spray can help in this. Once asbestos has been removed, it needs to be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.

In addition, small areas of asbestos that are in good condition can be coated with commercial products designed to make holes or seal the damage. They are available in stores that specialize in asbestos-related materials and safety equipment. For more information about how to cover asbestos and dispose of it, see How to Remove Asbestos.