Is Asbestos Legal?

Congress has approved several incremental legislation proposals, despite the fact that asbestos is still banned. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, however, in general, property owners are required to keep their buildings secure and inform workers of any possible dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, 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 in the present, asbestos can be found in more than 3,000 different products. A qualified inspector should inspect your workplace or home when you suspect it may contain asbestos. A professional can assist you in determining what needs to be done when asbestos is found on your property and work with an abatement contractor in the event of a need.

It is possible to file an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove the fault of a defendant. In some cases, victims can seek compensation under a doctrine of strict liability. This type of claim does not require the four elements of negligence to be proved, but instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain the different types of strict liability and negligence and can advise on whether this theory is applicable to your case. Employers are also required to provide safe working conditions to their employees, and to provide adequate training in safety. This requirement can also apply to the owners of buildings where asbestos is utilized when it is determined that those buildings are utilized by employees of third parties.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it doesn't pay future workers' compensation.

In an effort to safeguard the public, Congress has considered but did not pass legislation that would create an asbestos trust fund of $140 billion fund to compensate victims of litigation. This bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in construction materials, and a lot of Americans may have assumed that asbestos was banned. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. This is an issue our lawyers and the international anti-asbestos movement continue to tackle every single day.

The first step towards the ban was in 1989 when the EPA issued a directive prohibiting the importation, manufacturing and asbestos processing of most asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the substance from mining operations and Asbestos import it to use for different purposes.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos is now on the list of chemicals that require an assessment of risk. The EPA made another significant step towards a ban in 2019, when it released a final rule that bolsters the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that a ban on asbestos would harm the nation's supply of chlorine and argue that there are safer options to asbestos. They have hired consultants and experts to aid them in making their argument. They're also looking on lawmakers who have connections to asbestos.

This is a battle our firm has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly chemical in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Know if You Are Infected with Asbestos

Asbestos is a collection of minerals that naturally occur and are organized into long, thin fibers. These materials are known as being tough, flexible and resistant to fire and chemicals. These qualities make them ideal in a variety of industrial products, including insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These diseases may be extremely latency-prone and sufferers may not notice symptoms for a period of 20 to 50 years following exposure.

Many people are worried about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a renovation that could disturb it, you should speak an asbestos abatement expert for a more thorough examination.

If asbestos is in good shape there is no reason not to remove it from your home. Consult your physician if you are worried about your health. They can order a variety of tests to determine if you are experiencing symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. Additionally, state laws require public employees to receive the same protections. If you work in an asbestos-containing building your employer must provide you with information on how to connect with 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 examination.

How to Get Asbestos Out

Asbestos removal is secure if you take the appropriate precautions. Asbestos removal should be done by experts who are trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must adhere to all state and federal regulations. This involves properly covering and disposing of all waste resulting from the project. Incorrectly 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.

If asbestos is in good condition and has not been damaged, it is unlikely to pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected before you start the work. This will allow a professional to determine whether the material requires abatement before beginning any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and transported according to the government regulations.

Anyone who works with asbestos without a permit is violating the law and those who violate it face severe fines. If you suspect that asbestos has been improperly 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 air, it is crucial to keep the material moist during the removal process. Spraying the asbestos prior to taking it off with a water/detergent spray will aid in this. After the asbestos is removed, it should be placed in thick plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and disposed in a leak-proof car.

In addition small areas of asbestos that are in good condition can be covered with commercially-made products designed to make holes or seal the damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. Find out How to Remove Asbestos for more information about how to cover and dispose asbestos in a safe manner.