Is Asbestos Legal?

Congress has approved a variety of incremental legislations, despite the fact that asbestos is still prohibited. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the 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 state-to-state, but in general property owners must keep their buildings safe and warn workers of potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once used in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos is present in over 3,000 different products. A qualified inspector should inspect your home or work place if you suspect it may contain asbestos. A professional can advise you on what steps to take should asbestos be present in your workplace or home and work with a contractor if needed.

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

An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you if this theory is applicable in your situation. The law also requires employers to provide safe working conditions and adequate safety education to employees. This obligation could extend to the owners of buildings where asbestos is utilized when it is believed that the buildings will be used by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system is criticized for the lack of transparency and because it does not provide future compensation.

Congress was able to consider but failed to pass legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. The bill would have made use of the funds of bankruptcy trusts and asbestos Legal insurance companies to provide compensation. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in construction materials, and many Americans might have believed the mineral was not allowed. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to work every day to address this issue.

In 1989 the year 1989, EPA issued a rule which banned the importation, manufacture and processing of asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the material and purchase it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In 2019, the EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's ability to stop asbestos-containing products from returning to the marketplace.

Trade groups are once again trying to block the EPA's effort to stop asbestos from being used in construction. They argue that a ban on asbestos would threaten the country's chlorine supply and claim that there are safer options than asbestos. They have hired consultants and experts to assist them in making their argument. They are also turning to lawmakers who have ties to asbestos.

This is a battle that our firm has been involved in for over 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a crucial step to ensure that no other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is a grouping of minerals that occur naturally and are organized into long, thin fibers. These materials are well-known for their flexibility, strength and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung conditions like asbestosis or mesothelioma. These illnesses may be long-lasting and sufferers may not be symptomatic for 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their home. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you intend to remodel your home and alter it in any way, you must consult an asbestos abatement specialist for a second inspection.

If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, seek advice from a physician. They can perform 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 shield their employees from exposure to asbestos. Additionally the laws of the state require public employees to be provided with the same protections. If you work in a public facility that is exposed to asbestos settlement, your employer must provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to assess your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the appropriate precautions are followed. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the material. If a homeowner decides to eliminate asbestos materials from their house, they must comply with the federal and state regulations for how the work is done. This involves properly covering and disposing of all waste generated by the project. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To stop this from happening strict rules have been enacted.

If asbestos is in good shape and isn't affected, it will not pose a health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected prior to begin the work. This will allow an expert to determine whether the material requires abatement before starting any work. It will also make sure that it is properly handled in a safe manner, packaged, labeled and shipped in accordance with the government regulations.

Anyone who works with asbestos without a permit is violating the law and those who violate it face severe penalties. If you suspect improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

To limit the release of fibers into the air, it's important to keep the material moist during the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it off. After the asbestos is removed, it should be placed in heavy plastic bags or tarps double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste and removed in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos in good condition with commercial products that seal holes and repair damage. These products are available in stores that specialize on asbestos-related products and safety equipment. Check out How to Get rid of Asbestos to learn more on how to cover and dispose asbestos in a safe manner.