Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have been floated through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary between states, but generally property owners are required to keep their buildings secure and warn workers of any dangers that could be present.

The Law

Asbestos is a range of naturally occurring minerals. It was once used in construction since it was fire-resistant as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could develop 15-30 years after. Even today, asbestos can be found in more than 3,000 items. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A professional can help you determine what steps to take when asbestos is found in your property and will work with an abatement contractor should it be necessary.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. It is often difficult to prove a defendant's fault. In some cases, victims can seek compensation under a doctrine of strict liability. This type of claim doesn't require the four elements of negligence to be proven however, instead it relies on the fact that the product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of liability and tell you if this theory is applicable in your situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate education in safety. This requirement can also apply to owners of buildings that are constructed with asbestos if it is known that the buildings will be utilized by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it does not pay future workers' compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would create a $140 billion asbestos trust fund in lieu of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed 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 commonly used building material. However, the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue our lawyers and the world's anti-asbestos community continue to fight every day.

In 1989 the year 1989, EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and purchase it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. In 2019, the EPA made a significant step towards an asbestos ban when it published an act that strengthened the agency's capacity to stop asbestos-containing products from returning to the marketplace.

However, trade groups continue to block the EPA's effort to prohibit asbestos. These groups argue that a ban would threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and experts to assist them in making their argument. They're also reaching out to lawmakers who have ties to asbestos.

This is a war that our firm has been involved in for Asbestos Legal more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their toughness, flexibility and resistance to chemicals and fire. These qualities make them ideal in a number of industrial products, such as insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases can be extremely latency-prone, and victims might not experience symptoms for a period of 20 to 50 years following exposure.

Many people are concerned about asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is disturbed. Inspect the material for water damage, abrasions or tears. If the material is damaged or you are planning a home remodel that could cause damage to it, you should check with an asbestos removal specialist for a more thorough examination.

If asbestos is in good health, there is no reason to remove it. Consult your physician if you are concerned about your health. They can perform various tests to determine whether you suffer from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in a public building in which you are exposed to asbestos, your employer must provide information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. The experts can inspect your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe when you follow the correct precautions. Asbestos removal is best done by professionals who are certified and trained in the proper handling of the substance. If a homeowner chooses to remove asbestos from their home, they must adhere to state and federal regulations regarding how the work is carried out. This includes properly covering and removing all waste from the project. Improper handling and disposal asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. To prevent this strict rules have been put in place.

Asbestos in good health that will not be disturbed may be safe for health. It is however recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will enable a professional to determine whether the material requires removal prior beginning any work. It will also ensure that it is properly handled, packed, labeled and transported according to the government regulations.

It is illegal to work in asbestos without a license anyone who is in violation of the rules are subject to severe fines. If you suspect that asbestos has not been properly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and asbestos Legal Health Administration.

When removing asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it away. Once the asbestos is removed, it must be placed in large plastic bags or tarps double-wrapped and sealed by tape. This material should be clearly identified as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Alternately small areas of asbestos that are in good condition can be covered with commercial products designed to make holes or seal the damage. They are available in stores that specialize in asbestos products and safety products. For more details about how to cover asbestos and dispose of it, see How to Remove Asbestos.