Is Asbestos Legal?

While asbestos is still banned, several legislative proposals with incremental provisions have been passed through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the an EPA priority list of 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 however, generally, property owners are required to keep their premises secure and inform workers of any possible dangers.

The Law

asbestos case is a range of naturally occurring minerals. It was previously used in construction as it was fire resistant, chemical corrosion resistant, and insulates. Inhaling asbestos fibers, however, can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to show up after exposure. Even today, asbestos is found in more than 3,000 products. If you are concerned that your home or workplace may contain asbestos, a licensed inspector should check the area. A professional can help determine what steps to take when asbestos is found on your property and collaborate with an abatement company should it be necessary.

It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some cases, the victims might be able to pursue damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain the different kinds of strict liability and negligence and advise you on whether this theory applies to your case. The law also requires that employers provide safe working conditions and safety training for employees. This obligation could be extended to owners of buildings who use asbestos, if they are aware employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do this are required to provide "bankruptcy funds" which pay injured victims pennies based on their previous losses. This system is often criticized for the inconsistency of the system, and because it does not cover future compensation.

Congress looked at but did not adopt, legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. The bill would have taken money kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned due to the fact that it's no longer a commonly used building material. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to fight every day on this issue.

The first step toward an end to the ban came in 1989, when the EPA issued a directive prohibiting the production, importation, and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos remains used in a variety of manufacturing processes, and it's legal for companies to purchase the product from mining operations and asbestos lawsuit import it for other purposes.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. In the year 2019, EPA made a significant step towards an asbestos ban when it published an act that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are attempting to stop the EPA from banning asbestos. They argue that the asbestos ban would affect the supply of chlorine in the country and claim that there are alternatives to asbestos. They have hired experts and consultants to present their arguments and are now looking to legislators who have ties to asbestos law companies.

Our company has been fighting this fight for more than 15 year. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and hazardous substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are known for their durability, flexibility, and resistance to chemicals and fire. These qualities make them ideal in a variety of industrial products, including insulation.

Asbestos is used in many different types of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are a few examples. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These lung diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good health will not release fibers until it is damaged. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to remodel your home and disturb it in any way, it is recommended to consult an asbestos abatement expert for a second inspection.

If asbestos is in good shape, there is no reason to remove it from your home. If you are concerned about your health, you should consult a physician. They can perform various tests to determine if there are symptoms linked to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public place that is exposed to asbestos, your employer must give you information on how to contact an asbestos removal contractor. You should also contact an environmental inspection firm to evaluate your home. The experts can examine and test your home.

How to Get Asbestos Out

Asbestos removal is safe if you follow the correct precautions. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must abide by federal and state regulations on the manner in which they do it. This includes covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. To prevent this, strict regulations have been put in place.

If asbestos is in good condition and has not been disturbed, it should not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to begin the work. This will allow a professional to determine if the material needs to be removed prior to starting any work. It will also ensure it is properly handled in a safe manner, packaged, labeled and transported according to the government regulations.

It is unlawful for anyone to work on asbestos without a valid license and those who break the rules are subject to severe fines. If you suspect improper abatement occurred on your property, call 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 damp during the removal process. Spraying the asbestos prior taking it off with a water/detergent spray will help achieve this. After the asbestos has been removed, it needs to be put into plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and disposed in a leak-proof car.

Alternately, small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These products are available in stores that specialize in asbestos materials and safety equipment. Check out How to Remove Asbestos for more details about how to dispose and cover asbestos in a safe manner.