Is Asbestos Legal?

While asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining businesses, property owners may be held responsible for asbestos-related injuries. Laws vary by state however, generally property owners must ensure that their buildings safe and notify workers of potential dangers.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once employed in construction because it was fire-resistant, chemical corrosion resistant and insulating. Inhaling asbestos fibers they can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in more than 3000 products. If you think your workplace or house may contain asbestos, a qualified inspector should check the area. A professional can advise you on what must be done if this material is present in your property and will work with an abatement contractor when needed.

It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some cases, the victims might be able to pursue damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be established however, instead it relies on the fact that a product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform whether this theory applies in your situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate education in safety. This obligation may extend to owners of buildings that are constructed with asbestos in the event that it is established that the buildings will be utilized by employees of third parties.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. The system is criticized for the lack of transparency and because it does not provide future compensation.

Congress considered but failed to pass, legislation that would have created an $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have taken money reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in building materials, and some Americans might have believed that the mineral was prohibited. However the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos has been proven to cause cancer in any quantity. This is a matter that our lawyers and the international anti-asbestos campaign continue to tackle every single day.

The first step toward prohibition came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of the majority of asbestos settlement-containing products. However chemical companies sued and the court overturned most of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In 2019, the EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups are attempting to stop the EPA from prohibiting asbestos. They claim that asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are better alternatives than asbestos. They have hired consultants and experts to help them make their argument. They're also reaching out to lawmakers with ties to asbestos.

Our firm has been fighting this battle for more than 15 years. We are proud of our work in 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 nobody else Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in long, thin fibers. They are known for their durability, flexibility, and resistance to chemical and fire. These qualities made them useful in a range of industrial products like insulation.

Asbestos is utilized in a variety of building and household products. Vinyl floor tiles boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos can also be found on shingles, ceiling tiles and asbestos insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These illnesses may be long-lasting, and victims might not experience symptoms for up to 20 years following exposure.

Many people are worried that they might have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material is damaged or you are planning a renovation that could disturb it, you must consult with an asbestos abatement specialist for a more thorough examination.

If asbestos is in good health, there is no reason to remove it. Talk to your doctor if are worried about your health. They can order various tests to determine if you have symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. In addition the state laws require public employees to receive the same protections. If you work in a public building in which you are exposed to asbestos, your employer should provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the appropriate precautions are taken. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, he or she must follow all state and federal regulations. This includes properly covering all the waste produced during the process and properly disposing it. Incorrectly handling and disposing of asbestos could expose workers and the public to asbestos-related illnesses, such as lung cancer and mesothelioma. To prevent this strict regulations have been enacted.

Asbestos in good condition that will not be disturbed may not pose any health risks. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos expert prior to beginning any work. This will let the professional know if the material needs to be abated before starting any work. It will also ensure that it is properly handled, packaged and labeled before being transported and then disposed of in accordance with the regulations of the government.

Anyone who uses asbestos without a permit is in violation of the law, and violators face severe fines. If you suspect that improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the 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. Spraying the asbestos prior getting rid of it using a detergent or water spray can help in this. Once asbestos has been removed, it should be placed in thick plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

In addition small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. See How to Remove Asbestos for more information about how to dispose and cover asbestos properly.