Is Asbestos Legal?

Congress has passed several incremental legislation plans, despite the fact that asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the The EPA's list of chemicals that are most important for review and risk assessment.

In addition to mining companies, asbestos legal property owners could be held responsible for asbestos compensation-related injuries. State laws differ, but in general property owners must ensure that their buildings safe and warn employees of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, however it can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even today, asbestos can be found in more than 3000 products. If you think your workplace or house may contain asbestos, a licensed inspector should check the area. A professional can determine what to do should asbestos be present in your workplace or home and can work with a contractor should it be necessary.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain cases, victims can seek damages under a theory of strict liability. This type of claim removes 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 a clear explanation of strict liability, negligence, and the different types of liability and help you on the possibility of applying this theory to your particular situation. Employers are also required to offer safe working conditions for their employees and adequate training in safety. This requirement can also apply to owners of buildings where asbestos is utilized when it is determined that the buildings will be used by third party employees.

Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not provide workers with future compensation.

Congress was able to consider but did not adopt, legislation that would have established a $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.

Is Asbestos Banned In The U.S.

Many Americans might have believed asbestos was banned since it's no longer a commonly used building material. The United States is one the few industrialized nations that do not ban asbestos, despite its proven cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos community continue to work on each day.

In 1989 the year 1989, EPA issued a rule that prohibits the importation, production, and processing of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the material and buy it from mining companies.

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 chemicals which require a risk assessment. The EPA took another step towards a complete ban in 2019 when it issued the final rule, which strengthens the agency's capacity to stop asbestos-containing products from returning to the market.

However, trade organizations continue to stop the EPA's attempt to prohibit asbestos. These groups claim the ban on asbestos will be a threat to the supply of chlorine in the United States and argue that there are alternatives than asbestos. They have hired consultants and experts to help them build their argument. They're also reaching out to lawmakers with ties to asbestos.

This is a war that our firm has been involved in for over 15 years. We are proud of our participation 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 an important step towards ensuring that nobody else 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 attorney

Asbestos is made up of a grouping of minerals that occur naturally and are organized into long, thin fibres. These materials are regarded as being strong, flexible and resistant to chemicals and fire. These properties make them useful in a number of industrial products, like insulation.

Because asbestos is extremely versatile, it's utilized in a range of household and building products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes as well as other common building materials.

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

Many people are worried that they may have asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning to remodel your home that could cause damage to it, you should consult with an asbestos abatement specialist for further inspection.

If asbestos is in good shape there is no reason to remove it. If you are concerned about your health, consult a physician. They can perform a variety of tests to determine whether you are suffering from symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you are employed in a public establishment that is exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. They can examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. Asbestos removal should be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos materials from their house, they must comply with state and federal regulations regarding how the work is done. This includes properly covering and removing all waste generated by the project. Incorrectly handling and disposing of asbestos can expose workers and the public to asbestos-related diseases, including lung cancer and mesothelioma. To stop this from happening strict guidelines have been put in place.

Asbestos in good condition that can't be disturbed may not pose any health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you begin your work. This will allow a professional to determine if the material requires abatement before commencing any work. It will also make sure that it is properly handled wrapped, labeled, and shipped in accordance with the government regulations.

It is illegal for anyone to work on asbestos without a valid license and those who break these rules can face substantial fines. If you suspect improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.

When removing asbestos, the material must be kept wet constantly to minimize the release of airborne fibers. This can be achieved by spraying the material with a water/detergent mist before taking it away. Once asbestos has been removed, it must be placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly marked as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Alternatively small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal damage. These products are sold in stores that specialize in asbestos-related products and safety gear. For more information on how to properly remove asbestos, see How to Remove Asbestos.