Is Asbestos Legal?

Congress has approved several incremental legislation proposals despite the fact that asbestos is still banned. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's priority list of chemicals to be evaluated for risk and review.

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

The Law

Asbestos is one of the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms could develop 15-30 years after. Even today, asbestos can be found in more than 3,000 products. If you are concerned that your workplace or house may contain asbestos, a licensed inspector should examine the area. A professional can advise you on what steps to take if this material is present in your property and will collaborate with an abatement company if necessary.

You can file a suit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some instances, victims could be able to claim damages on the basis 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 a risk in itself.

An asbestos lawyer can provide information on the different types of negligence and strict liability and can advise on whether this theory is applicable to your particular situation. Employers are also required to offer safe working conditions for their employees, and to provide adequate education in safety. This obligation could extend to the owners of buildings where asbestos is utilized if it is known that the buildings are used by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who comply with this procedure are required to pay "bankruptcy funds" which pay injured victims pennies on the dollars of their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't cover workers' future compensation.

Congress was able to consider, Asbestos Legal but did not pass legislation that would have established an investment fund of $140 billion for asbestos to be used in lieu of litigation. This legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in building materials, and many Americans might have assumed that the mineral was prohibited. However it is true that the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that it's known to cause cancer in any amount. This is a matter that our lawyers and the rest of the world's anti-asbestos community continue to work on every day.

The first step toward a ban came in 1989, when the EPA issued a rule banning the production, importation, and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other purposes.

In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. The EPA took a further step towards a ban 2019 when it published a final rule that bolsters the agency's ability to prevent asbestos-containing products from returning to the market.

However, trade groups are trying to stop the EPA's efforts to prohibit asbestos. The trade groups argue that a ban will affect the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are looking to legislators who have ties to the asbestos industry.

This is a battle our company has been involved in for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the dangerous and deadly substance in the United States. This is an important step in ensuring 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 made up of a collection of minerals that are found naturally and are arranged into long, thin fibers. These materials are well-known for their durability, flexibility, and resistance to fire and chemicals. These qualities made them useful in a range of industrial products, including insulation.

Asbestos is utilized in a variety of building and household products. Examples include floor tiles made of vinyl, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These illnesses have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. Asbestos in good shape is unlikely to release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you intend to make changes to your home or alter it in any way, it is recommended to seek out an asbestos abatement professional for a further inspection.

If asbestos is in good condition, there is no reason not to remove it from your home. Consult your doctor if you are worried about your health. They can conduct a variety of tests to see whether you're experiencing symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. Additionally, state laws oblige public employees to have the same protections. If you work in an asbestos claim-containing structure, your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to assess your home. These professionals can examine and test your home.

How to Remove Asbestos

Asbestos is a safe material to remove, as long as the proper precautions are taken. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, he or she must follow all federal and state regulations. This includes covering every waste product generated by the project, and then disposing of it. 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, and lung disease. This is the reason strict regulations are in place to prevent this from happening.

Asbestos that is in good condition and can't be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected before you begin the work. This will permit the professional to determine whether the material should be abated before starting any work and will also ensure that it is properly handled, packaged in a way that is labeled, transported and disposed of according to the rules of the government.

It is illegal to work on asbestos without a valid license and those who break these rules can face substantial fines. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the substance must be kept wet constantly to minimize the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to removing it. After the asbestos has been removed, it needs to be stored in plastic bags or tarps double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof vehicle.

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