Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have churned through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals to be reviewed and assessed for risk.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, but generally, property owners are obliged to keep their properties safe and inform workers of any possible dangers.

The Law

Asbestos is a group of naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health issues, including lung cancer, mesothelioma and asbestosis. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos is found in more than 3000 products. If you suspect your workplace or home might contain asbestos, an experienced inspector should inspect the area. A qualified professional can help you decide what to do when asbestos is found in your home or workplace and can work with a contractor in the event of need.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some cases, victims may pursue damages based on 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 dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of liability and tell you on the possibility of applying this theory in your situation. The law also requires employers to provide safe working conditions and adequate safety training to employees. This obligation can be extended to property owners who use asbestos if they know that employees from other companies will be using those structures.

Many asbestos producers avoided liability through bankruptcy protection. Companies that make this decision are required to pay "bankruptcy funds" which pay injured victims pennies for their previous losses. This system is often criticized for the lack of transparency, as well because it does not provide future compensation.

Congress looked at but did not adopt legislation that would have established the $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in building materials, and some Americans might have believed that the mineral was not allowed. However the United States is one of the few industrialized nations that does not ban asbestos despite the fact it's known to cause cancer in any amount. This is a matter that our lawyers and the world's anti-asbestos movement continue to work on every day.

The first step towards an end to the ban came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of all asbestos-containing products. However chemical companies sued and the court ruled in favor of the majority of the ban. Asbestos remains used in a variety of manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for other purposes.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step towards a complete ban in 2019 when it published an official rule that enhances the agency's ability to stop asbestos-containing products from resurfacing on the market.

Trade groups are attempting to prevent the EPA from banning asbestos. These groups claim that a ban would jeopardize the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help argue their case, and they are turning to legislators who have ties to asbestos companies.

This is a war that our firm has been involved in for more than 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly chemical in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to determine if you have Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. They are known for their toughness, flexibility and resistance to chemical and fire. These properties made these materials useful in a range of industrial products, including insulation.

Because asbestos is so versatile, it's employed in a wide range of buildings and household products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed it releases harmful fibres into air. Inhaling these microscopic fibers may enter the lungs and cause severe lung diseases such as asbestosis and Asbestos Legal mesothelioma. These illnesses can be extremely latency-prone, and victims may not be symptomatic for 20 to 50 years following exposure.

Many people are concerned about asbestos in their homes. Asbestos in good condition is unlikely to release any fibers until it is disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to remodel your home and alter it in any way, you should seek out an asbestos abatement professional for a second inspection.

If asbestos is in good health there is no need to remove it. If you are concerned about your health, you should consult a physician. They can order a variety of tests to determine whether you are suffering from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with details on how to reach a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. These professionals can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the proper precautions are taken. For this reason, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must abide by federal and state laws regarding how the work is carried out. This includes properly covering any waste generated during the project and properly disposing of it. Improperly handling and disposing of asbestos can expose people and workers to asbestos-related diseases including lung cancer and mesothelioma. This is the reason strict regulations are in place to stop this from occurring.

Asbestos in good health that is not disturbed could be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected prior to begin work. This will allow the professional to determine if the material needs to be removed prior to beginning any work. It will also ensure that it is handled, packed, labeled, transported, and disposed of in accordance to the rules of the government.

Anyone who is working with asbestos without a permit violates the law, and those who do are subject to heavy penalties. If you suspect that asbestos was improperly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.

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

You can also cover small areas of asbestos in good condition with commercial items that fill in holes and seal any damage. These products are available at stores that specialize on asbestos-related products and safety gear. Learn How to Remove Asbestos for more information on how to dispose and cover asbestos properly.