Asbestos Legal Matters

After a long fight in the asbestos legal arena, asbestos legal measures culminated in the 1989 partial ban on the production, processing and distribution of the majority of asbestos-containing products. This ban remains in effect.

The December 2020 final TSCA risk assessment for chrysotile asbestos revealed unreasonable risks to human health for all ongoing use of chrysotile asbestos. The April 2019 rule prevents these ongoing asbestos products from returning to commercial use.

Legislation

Asbestos law is regulated at the state and federal levels in the United States. Although most industrialized nations have banned asbestos, the US continues to use it in a number of different products. The federal government regulates the way it is used in these various products and the law also regulates asbestos litigation and abatement. State asbestos laws may differ from state to state however federal laws are generally uniform. They typically restrict claims of those who have suffered from exposure to asbestos.

Asbestos can be found naturally. It is typically mined using open-pit methods. It is composed of fibrous fibers. These strands are then processed and mixed with cement or other binding agent to form asbestos-containing material (ACM). These ACMs can be used in many applications like floor tiles roofing, clutch faces, and shingles. Asbestos isn't only used in construction products, but also in other products such as batteries, fireproof clothing, and gaskets.

While there is no asbestos ban at the federal level however, the Environmental Protection Agency (EPA) has strict guidelines for how asbestos can be used in homes and schools. The EPA requires schools to conduct an inspection of their facilities and develop plans for monitoring, containing and identifying asbestos-containing materials. The EPA also requires that those who work with asbestos be certified and accredited.

The EPA's Asbestos Ban Phase-Out Rule of 1989 was formulated to prohibit the manufacture, importation processing, distribution and export of asbestos-related materials within the US. However, the rule was repealed in 1991. The EPA recently began to review chemicals that could be harmful and asbestos was included on its list of chemicals that could be harmful to humans.

While the EPA has strict guidelines on how asbestos is handled but it is important to know that asbestos remains in a number of structures and that people are at risk of being exposed to asbestos. Therefore you should make the habit of searching for all asbestos-containing products and verifying their condition. If you are planning to undertake a major renovation that could disturb these materials, you should consult a professional who can assist you in planning and executing the necessary steps to safeguard your family and yourself from asbestos.

Regulations

In the United States, asbestos is restricted by federal and state laws. In certain products, asbestos has been removed. However, it is still used in less dangerous applications. It is a cancer-causing substance that can cause cancer if breathed in. The asbestos industry is governed by strict regulations, and businesses must adhere to them to work there. State regulations also regulate the disposal and transportation of waste containing asbestos.

The Control of Asbestos at Work Regulations of 1987 introduced legal procedures to prevent workers from being exposed asbestos in the workplace. The regulations are applicable to all workers who work with asbestos and employers are required to take steps to reduce or stop exposure to asbestos to the lowest extent. They are also required to provide documentation of medical examinations, air monitoring and face-fit testing.

Asbestos is a complex substance that requires specialized expertise and equipment. Any work that is likely to affect asbestos-containing materials, a licensed asbestos removal contractor is required. The regulations require the contractor to notify the authority that enforces the law of any asbestos-related work and prepare a risk analysis for every asbestos removal project. They must also establish a decontamination zone and provide employees with protective clothing and equipment.

After the work is finished the certified inspector should review the site and ensure that no asbestos fibers have escaped into the air. The inspector should also ensure that the sealant has effectively "locked down" any remaining asbestos. A sample of the air must be taken following the inspection and, if it shows an asbestos concentration higher than what is required, the site must be re-cleaned.

New Jersey regulates the transport and disposal of asbestos and the Department of Environmental Protection monitors it. Any company planning to dispose of asbestos-containing waste must obtain a permit from the Department of Environmental Protection before beginning work. This includes professional service firms, and asbestos abatement technicians. The permit should include details of the location where asbestos will be removed, and how it will be moved and stored.

Abatement

Asbestos is a naturally occurring mineral. It was widely employed in the early 1900s as an anti-fire material due to its properties to ward off fire. It was also strong and cost-effective. Unfortunately, it is now understood asbestos can cause serious health problems such as mesothelioma, lung cancer, and cancer. Asbestos-related victims can be compensated from asbestos trust funds as well as other sources of financial assistance.

The Occupational Safety and Health Administration (OSHA) has strict rules for the handling of asbestos. Workers must use specialized protective equipment and follow protocols to minimize exposure. The agency also requires that employers maintain abatement records.

Certain states have laws concerning asbestos abatement. New York, for instance is a state that prohibits construction and use of asbestos-containing structures. The law also stipulates that asbestos-related abatement must be done by licensed contractors. Workers who work on asbestos-related buildings must obtain permits and inform the state.

Anyone who works in asbestos-containing structures must be trained in a specific manner. The EPA requires that anyone who plans to work in an asbestos-containing building (ACM) notify the EPA at minimum 90 days prior to the beginning of the project. The EPA will then examine the project and could limit or prohibit the use of asbestos.

Asbestos can be found in floor tiles and roofing shingles, as well as in exterior siding, cement and brakes for cars. These products may release fibers into the air when the ACM is agitated or removed. The risk of inhalation is that the fibers can't be seen by the naked eye. Non-friable ACM like encapsulated flooring and drywall, can't release fibers.

In order to carry out abatement work on a structure, licensed contractors must obtain permission from the Iowa Division of Labor. The contractor must also notify Iowa OSHA as well as the Department of Natural Resources. A fee has to be paid for the annual and initial notifications. Those who plan to work in schools are also required to offer the EPA abatement plans as well as training for their employees. New Jersey requires all abatement companies to have a license issued by the Department of Labor and Workplace Development and all employees to be issued supervisor or worker permits.

Litigation

In the late 1970s and early 1980s, asbestos cases were flooding federal and Asbestos Legal state courts. The majority of these cases were filed by employees who developed respiratory illnesses caused by exposure to asbestos. A lot of these ailments have been identified as mesothelioma or another cancers. These cases have led a number of states to pass laws that restrict the number of asbestos lawsuits that can be filed in their courts.

These laws establish guidelines for identifying asbestos products and employers in a plaintiff’s case. The laws also define procedures to obtain records of medical treatment and other evidence. The law also lays out guidelines for how attorneys have to deal with asbestos cases. These guidelines are intended to safeguard attorneys from being taken advantage by untrustworthy companies.

Asbestos-related lawsuits can involve several defendants, since asbestos victims may have been exposed to a variety of companies. It can be costly and time-consuming to determine which company is responsible. This involves speaking with employees, family members and Asbestos Legal personnel from abatement to identify potential defendants. It also requires compiling a database that includes the names of companies as well as their subsidiaries, suppliers and places where asbestos was used or handled.

Most of the asbestos litigation in New York is centered on claims related to mesothelioma and other ailments caused by exposure to asbestos. A large portion of the litigation involves claims against businesses who mined asbestos as well as those who manufactured or sold building materials, like insulation, that contained asbestos. Individuals who were exposed asbestos in their homes, schools or other public structures can seek damages from these businesses.

Many asbestos lawsuits involve multi-million dollar settlements, and this has led to the creation of trust funds to pay the expenses related to these cases. These funds have been a major source of cash for people suffering from asbestos-related diseases like asbestosis and mesothelioma.

As mesothelioma, and other diseases caused by asbestos are the result of exposure to asbestos particles over a long period of time, the acts or failures that are claimed in asbestos cases typically took place decades before the lawsuit was filed. Corporate representatives are often restricted in their capacity to confirm or deny the claims of plaintiffs because they only have limited information at their disposal.