Is Asbestos Legal?

Congress has passed a number of incremental legislations despite the fact that asbestos is still banned. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, in general, property owners must keep their buildings safe and notify workers of any dangers that could be present.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously used in construction as it was fire-resistant, chemical corrosion-resistant and an insulator. Inhaling asbestos fibers, can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still present in more than 3,000 different products. A qualified inspector should inspect your workplace or home if you suspect that it might contain asbestos. A professional can determine what steps to take when asbestos is found in your home or workplace and will work with a contractor should it be necessary.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain cases, victims may claim damages under a theory of strict liability. This type of claim removes any need to prove four elements of negligence, and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the different types of strict liability and negligence and advise you on whether this theory is applicable to your case. The law also requires employers to provide safe working conditions as well as adequate safety training for employees. This obligation may extend to owners of structures where asbestos is used when it is determined that the buildings are used by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

In a bid to protect the public, Congress has considered but failed to pass legislation that would create a $140 billion asbestos trust fund to replace litigation. This bill would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it is not a typical building material. The United States is one the few industrialized nations that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue.

In 1989 the year 1989, the EPA issued a rule which prohibits the importation, production, and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and buy it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. In the year 2019, EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's ability to stop asbestos-containing products from coming back to the marketplace.

Trade groups continue to block the EPA's effort to stop asbestos from being used in construction. They argue that a ban would threaten the nation's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and Asbestos Legal consultants to help to make their case, and they are turning to lawmakers with ties to asbestos-related industries.

Our firm has been fighting this battle for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a significant step in ensuring that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is minerals that are found naturally and are organized into long, thin fibres. These materials are known for their toughness, flexibility and resistance to chemical and fire. These qualities make them ideal in a variety of industrial products, including insulation.

Because asbestos is so versatile, it is used in a myriad of household and building items. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles and 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 can enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people worry about asbestos in their homes. Most of the time, asbestos in good condition will not release fibers unless disturbed. Examine the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you are planning to remodel your home and alter it in any way, you should consult an asbestos abatement specialist for a second inspection.

If asbestos is in good shape, there is no reason not to remove it from your home. If you are concerned about your health, you should consult with a physician. They can order various tests to determine if there are symptoms relating to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building your employer is required to provide you with information on how to find a contractor that can remove asbestos. Contact an environmental company to evaluate your home. They will test your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos removal is safe provided you take the proper precautions. Asbestos removal is best performed by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to take away asbestos from their home, they must comply with all state and federal regulations. This includes covering all the waste produced by the project, and then disposing of it. Improperly handling and disposing of asbestos could expose workers and the public to asbestos-related diseases like lung cancer and mesothelioma. To stop this from happening, strict regulations have been enacted.

Asbestos that is in good condition and won't be disturbed might be safe for health. It is however recommended that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will let the professional know whether the material requires to be abated before starting any work. They will also ensure that it is handled, Asbestos Legal packed in a way that is labeled, transported and disposed of in compliance with regulations set by the government.

It is illegal for anyone to work in asbestos without a license, and those who violate these rules can face substantial fines. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

To reduce the release of fibers into the air, it's important to keep the material moist during the removal process. This can be accomplished by spraying the material with a water/detergent mist before taking it off. After the asbestos has been removed, it should be placed in heavy plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof car.

You can also protect small areas of asbestos in good condition with commercial items that seal holes and repair damage. These products are available in stores that specialize on asbestos-related materials and safety equipment. Check out How to Get Asbestos Out for more information about how to cover and dispose asbestos in a safe manner.