Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals to be evaluated and reviewed.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary from state to state, but in general property owners must keep their buildings safe and notify employees of potential dangers.

The Law

Asbestos is an assortment of naturally occurring minerals. It was previously used in construction as it was fire-resistant, chemical corrosion resistant and an insulator. However, inhaling asbestos fibres can cause serious health issues, including mesothelioma, cancer of the lung and asbestosis. The symptoms may take 15 to 30 years to appear after exposure. Even in the present, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a licensed inspector should examine the area. A professional can determine what steps to take if asbestos is present in your workplace or home and will collaborate with a contractor if needed.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence is a challenge. In some cases, victims can seek damages under a theory of strict liability. This type of claim removes the need to prove the four elements of negligence, and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can provide information on the different types of strict liability and negligence and will be able to advise you if this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and adequate safety training to employees. This requirement can be extended to property owners who employ asbestos, if they are aware third-party employees will use the buildings.

Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system is criticised for the inconsistency of the system, and because it does not provide future compensation.

To protect the public, Congress has considered but failed to approve legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken money kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and many Americans may have assumed that the mineral was prohibited. The United States is one the few industrialized nations that do not ban asbestos despite its well-known cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos movement continue to fight every day.

The first step toward prohibition came in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of most asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and purchase it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA took another major step toward a ban in 2019 when it published a final rule that bolsters the agency's capability to prevent asbestos-containing products from returning to the market.

However, trade groups are attempting to block the EPA's effort to ban asbestos. These groups argue that a ban would threaten the nation's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments, asbestos and they are turning to lawmakers who have ties to the asbestos industry.

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

How to Know if You Are Infected with Asbestos

Asbestos is made up of an assortment of minerals that naturally occur and are laid out into long, thin fibres. They are known for being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products such as insulation.

Because asbestos is so versatile, it's used in a variety of household and commercial items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These illnesses can be long-lasting and sufferers might not experience symptoms for 20 to 50 years following exposure.

Many people are concerned that they may have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning to remodel your home which could impact it, you should speak with an asbestos specialist to conduct an additional inspection.

If asbestos is in good condition, there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can perform a variety of tests to see whether you're suffering from symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos compensation-rich building the employer has to provide you with details on how to contact a contractor who can remove asbestos. Contact an environmental company to examine your home. They can test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the appropriate precautions. For this reason, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their home, they must adhere to the federal and state regulations for the manner in which they do it. This includes properly covering and disposing of all waste generated by the project. Improperly handling and disposing of asbestos could expose people and workers to asbestos-related diseases like lung cancer, and mesothelioma. This is why strict regulations are in place to prevent this from happening.

Asbestos in good health that is not disturbed could not pose any health risks. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected prior to start the work. This will allow an expert to determine whether the material requires removal prior to beginning any work. It will also make sure that it is properly handled wrapped, labeled, and transported in compliance with the regulations of the government.

Anyone who works with asbestos without a permit is violating the law, and violators are liable for heavy fines. If you suspect that an improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

To minimize the release of fibers into the air, it is important to keep the material wet throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray can aid in this. Once the asbestos has been removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste, and then disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition using commercial products that can fill holes and seal damages. These are products can be found in stores that specialize on asbestos-related products and safety gear. For more details about how to cover and dispose of asbestos learn about how to remove Asbestos.