Is Asbestos Legal?

Although asbestos is still banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's prioritization list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, as are mining companies. State laws differ, but in general property owners must ensure that their premises safe and inform workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in construction due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos can be found in more than 3,000 different products. If you suspect your workplace or home might contain asbestos, a certified inspector should examine the area. A professional can advise you on what must be done when asbestos is found on your property and work with an abatement contractor in the event of a need.

It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove the fault of a defendant. In some cases, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and is based 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 and advise you on the possibility of applying this theory in your case. Employers are also required to provide safe working conditions to their employees and adequate education in safety. This obligation can extend to the owners of structures where asbestos is used when it is believed that the building are utilized by employees of third parties.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies who do this are required to provide "bankruptcy funds" which pay injured victim's pennies for their past losses. This system has been criticized for its lack of transparency and the fact that it does not provide workers with future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. It was not supported by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned due to the fact that it's no longer a widely used building material. However it's true that the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to fight every day.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it for other purposes.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos was added to the list of substances that require an assessment of risk. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an order that bolstered the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.

Trade groups are attempting to prevent the EPA from bans on asbestos. They argue that a ban would jeopardize the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case, and they are turning to lawmakers who are connected to asbestos companies.

Our firm has been fighting this battle for more than 15 year. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. These materials are regarded as being strong, flexible and resistant to chemicals and fire. These qualities make them ideal in a variety of industrial products, such as insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases can be long-lasting and sufferers may not notice symptoms for a period of 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you intend to make changes to your home or disturb it in any way, you should consult an asbestos removal expert for a thorough examination.

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

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. Additionally states' laws require public employees to be provided with the same protections. If you work in a public place where you are exposed asbestos settlement, your employer should provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. They can conduct a test on your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos removal is safe if you take the right precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by the federal and state regulations for how the work is carried out. This includes covering up any waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict regulations are in place to stop this from occurring.

Asbestos that is in good shape and won't be disturbed might not pose a health risk. However, it is advised that you have any ACM that could be affected through demolition or renovations inspected by an asbestos professional before commencing the work. This will allow a professional to determine if the material needs to be removed prior to starting any work. It will also make sure that it is handled, packed, labeled and transported in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit is breaking the law, and those who do face heavy fines. If you suspect that improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental health.

To minimize the release of fibers into the air, it is important to keep the material wet during the removal process. Spraying the material before getting rid of it using a detergent or water spray can aid in this. After the asbestos is removed, it is placed in heavy plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos that are in good condition with commercial items that fill in holes and seal any damage. They are available in stores that specialize in asbestos products and safety equipment. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.