Is Asbestos Legal?

Congress has approved several incremental legislations, despite the fact that asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be reviewed and assessed for risk.

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 obliged to keep their properties secure and inform workers of any dangers that could be present.

The Law

Asbestos is an assortment of naturally occurring minerals. It was once used in construction because it was fireproof, chemical corrosion resistant, and insulating. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. Symptoms can take 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in more than 3,000 different products. If you think your home or workplace may contain asbestos, a qualified inspector should inspect the area. A professional can determine what you should do should asbestos be present in your workplace or home and will collaborate with a contractor when needed.

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

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you on the possibility of applying this theory in your case. Employers are also required to provide safe working conditions to their employees as well as adequate training in safety. This obligation could extend to owners of buildings where asbestos is utilized when it is believed that those buildings will be utilized by third party employees.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" that pay injured victims pennies for their past losses. The system is criticized for its lack of transparency, and since it doesn't cover future compensation.

Congress was able to consider but failed to pass legislation that would have created an investment fund of $140 billion for asbestos instead of pursuing litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to provide compensation. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in building materials, and some Americans might have believed the mineral was prohibited. 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 rest of the world's anti-asbestos movement continue to tackle every single day.

The first step towards a ban came in 1989, when the EPA issued a regulation prohibiting the production, importation, and processing of most asbestos-containing products. The chemical industry sued, 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 substance from mining operations and import it to use for other uses.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require an assessment of risk. The EPA took another step towards a complete ban in 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from resurfacing on the market.

However, trade groups are trying to stop the EPA's attempt to prohibit asbestos. These groups claim asbestos bans would threaten the country's chlorine supply and argue that there are safer options in place of asbestos. They have hired experts and consultants to make their case and are now turning to lawmakers with ties to the asbestos industry.

This is a fight that our firm has been involved in for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and dangerous substance in the United States. This is a significant step in ensuring that no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These materials are known as being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products including insulation.

Asbestos can be found in many different types of building and asbestos legal household products. Some examples include floor tiles made of vinyl, insulation for pipes and Asbestos Legal boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and 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 like mesothelioma and asbestosis. These illnesses can be extremely latency-prone and patients may not be symptomatic for a period of 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Most of the time, asbestos in good state will not release any fibers unless they are disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a home remodel which could impact it, you should consult an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, consult with a physician. They can order various tests to determine if you have symptoms related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. In addition the state laws oblige public employees to have the same protections. If you work in a public facility where you are exposed to asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to evaluate your home. These professionals can test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed, provided the proper precautions are taken. asbestos attorney removal should be done by experts who are certified and trained in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This includes covering and removing all waste generated by the project. Improperly handling and disposing of asbestos could expose workers and the public to asbestos-related illnesses, such as lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from occurring.

Asbestos in good condition that will not 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 enable the professional to determine if the material needs to be removed prior to commencing any work. They will also ensure that it is handled, packed and labeled before being transported and disposed of according with regulations set by the government.

Anyone who uses asbestos without a permit is in violation of the law, and violators face heavy penalties. If you suspect that improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To minimize the release of fibers into air, it is essential to keep the material moist throughout the removal process. This can be achieved by spraying the material with a mist of detergent and water prior to taking it away. Once the asbestos is removed, it needs to be placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly labeled as asbestos settlement waste, and then disposed in a leak-proof vehicle.

In addition small areas of asbestos in good condition can be coated with commercial products designed to make holes or seal the damage. These products are available at stores that specialize on asbestos-related products and safety gear. Learn How to Get rid of Asbestos to learn more about how to cover and dispose of asbestos properly.