Is Asbestos Legal?

Although asbestos remains banned, Asbestos Legal several legislative proposals with incremental provisions have been passed through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. Laws vary by state however, in general, property owners must ensure that their buildings safe and notify employees of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however, can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos can be found in more than 3000 products. A qualified inspector should inspect your workplace or home if you suspect it may contain asbestos. A professional can determine what steps to take should asbestos be found in your home or workplace and can work with a contractor should it be necessary.

It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be proved and instead relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help whether this theory applies in your case. Employers are also required to ensure safe working conditions for their employees and provide adequate training in safety. This requirement can be extended to property owners who use asbestos if they are aware that third-party employees will use those buildings.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system is criticized for its lack of transparency, as well because it doesn't cover future compensation.

Congress considered but failed to pass legislation that would have established the $140 billion trust fund for asbestos in lieu of litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have thought asbestos was banned since it's no longer a common building material. However the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that it's known to cause cancer in any quantity. Our lawyers and the world's anti-asbestos movement continue to fight every day to address this issue.

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

In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took a further step toward a ban in 2019 when it published a final rule that bolsters the agency's ability to prevent asbestos-containing products from returning to the market.

Trade groups are attempting to prevent the EPA from banning asbestos. They argue that a ban on asbestos would harm the nation's supply of chlorine and argue that there are safer options than asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers with ties to asbestos's industry.

This is a war that our company has been involved in for more than 15 years. We are proud to have stood 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 an important step to ensure that there are no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.

Asbestos can be found in a variety of household and building items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos can also be found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases such as asbestosis or mesothelioma. These illnesses have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. The majority of the time asbestos in good state will not release any fibers unless they are disturbed. Check the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to make changes to your home or alter the material in any way, you must consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good health there is no need to get rid of it. If you are concerned about your health, you should seek advice from a physician. They can conduct a variety of tests to see whether you are suffering from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with details on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos can be safely removed provided that the appropriate precautions are taken. This is why asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, they must follow all federal and state regulations. This involves properly covering and removing all waste resulting from the project. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. To stop this from happening strict rules have been enacted.

Asbestos in good health that can't be disturbed may be safe for health. It is however recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before beginning any work. This will let the professional know whether the material should be removed prior to commencing any work and will also ensure that it is treated, packaged and labeled before being transported and then disposed of in accordance with regulations set by the government.

Anyone who uses asbestos without a permit is violating the law, and those who do face heavy fines. If you suspect that asbestos attorney was improperly removed from your property, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

To reduce the release of fibers into the air, it is essential to keep the material wet throughout the removal process. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to removing it. After 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 disposed in a leak-proof vehicle.

Alternatively small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. For more details on how to properly remove asbestos, Asbestos Legal see How to Remove Asbestos.