Is Asbestos Legal?

Congress has passed a number of incremental legislations despite the fact that asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to 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. Laws vary by state however, generally property owners must ensure that their premises safe and inform employees of potential dangers.

The Law

Asbestos is a variety of naturally occurring minerals. It was once used in construction because it was fire resistant, chemical corrosion resistant and insulation. Inhaling asbestos fibers, however they can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos is found in over 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a qualified inspector should inspect the area. A professional can advise you on what should be done should asbestos be found in your property and will work with an abatement professional when needed.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some instances, the victims may seek damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the various types of strict liability and negligence and can advise on whether this theory applies to your situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate education in safety. This requirement can also apply to the owners of buildings where asbestos is utilized in the event that it is established that the buildings are used by employees of a third party.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that use this method are required to create "bankruptcy funds" which pay victims of injury pennies for their past losses. This system is criticised for the lack of transparency, and because it doesn't cover future compensation.

Congress considered but did not adopt, legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. The bill would have taken money held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Many Americans might have believed that asbestos was prohibited because it's no longer a common building material. However it is true that the United States is one of the few industrialized countries that does not ban asbestos despite the fact asbestos has been linked to cancer in any amount. This is an issue our lawyers and the international anti-asbestos campaign continue to work on every day.

The first step toward a ban came in 1989, when the EPA issued a rule prohibiting 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 is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos is now on the list that requires a risk assessment. The EPA took a further step towards a ban in 2019, when it announced a final rule that bolsters the agency's ability to prevent asbestos-containing products from coming back onto the market.

Trade groups are attempting to stop the EPA from banning asbestos. These groups claim asbestos bans would harm the nation's supply of chlorine and claim that there are alternatives in place of asbestos. They have hired experts and consultants to help present their arguments, and they are turning to lawmakers who are connected to the asbestos industry.

Our firm has been fighting this battle for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and dangerous substance in the United States. This is a significant step to ensure that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is made up of a grouping of minerals that are naturally occurring and are arranged into long, thin fibers. They are known for being tough, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, including insulation.

Asbestos is utilized in many different types of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos can also be found on shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases like asbestosis or mesothelioma. These lung diseases have a long latency period, and victims may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. Asbestos in good condition is not likely to release fibers until it is damaged. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged, or if you plan to remodel your house and alter it in any way, you must consult an asbestos abatement specialist for a thorough examination.

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 with a physician. They can order a variety of tests to see if you are experiencing symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing structure your employer is required to 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 Get Asbestos Out

Asbestos is a safe material to remove, provided that the appropriate precautions are followed. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow state and federal regulations regarding how the work is done. This includes covering and removing all waste from the project. Unsafe handling and disposal of asbestos can expose people and workers to asbestos-related ailments, such as lung cancer and mesothelioma. To prevent this strict rules have been put in place.

If asbestos is in good shape and is not disturbed, it should not pose a health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you begin your work. This will allow the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is properly handled, packaged and labeled before being transported and disposed of according to the rules of the government.

Anyone who is working with asbestos claim without a permit is breaking the law and those who violate it face severe fines. If you suspect that asbestos has been improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the substance must be kept wet throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the material with a mist of detergent and water prior to taking it off. After the asbestos is removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. This material should be clearly labeled as asbestos waste, and Asbestos Legal then disposed in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos that are in good condition by using commercial products that can fill holes and seal damages. These are sold at stores which specialize in asbestos materials and safety products. For more details on how to properly remove asbestos learn about how to remove Asbestos.