Is Asbestos Legal?

Congress has passed several incremental legislations, despite the fact that asbestos is still banned. One of these proposals, 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 companies, property owners could also face liability for asbestos-related injuries. Laws vary state-to-state but generally, property owners are required to keep their buildings safe and warn workers of the potential hazards.

The Law

Asbestos is among the naturally occurring minerals that were once popular in the construction industry due to its fire-resistant chemical corrosion-resistant and asbestos insulate properties. Inhaling asbestos fibers they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is found in over 3,000 different products. If you think your workplace or house may contain asbestos, a licensed inspector should be able to inspect the area. A professional can help determine what must be done if this material is present in your property and will collaborate 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 is a challenge. In certain cases, victims may claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proved and instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the different types of negligence and strict liability and advise you on whether this theory is applicable to your situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate training in safety. This obligation can extend to the owners of buildings where asbestos is utilized when it is determined that those buildings will be utilized by employees of third parties.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who do this are required to fund "bankruptcy funds" that pay injured victims pennies on the dollars of their losses in the past. This system is criticized for its lack of transparency, and since it doesn't cover future compensation.

Congress considered but failed to pass, legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. This bill would have tapped funds reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in building materials, and some Americans might have believed the mineral was banned. However, the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to fight every day to address this issue.

In 1989, the EPA issued a rule that prohibited the production, importation, and processing of asbestos-containing products. However chemical companies sued and the court overturned most of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.

In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. The EPA took another step toward a ban in 2019 when it published a final rule that bolsters the agency's ability to prevent asbestos-containing products from coming back onto the market.

Trade groups are attempting to stop the EPA's efforts to ban asbestos. They argue that the asbestos ban would affect the supply of chlorine in the country and claim that there are better alternatives to asbestos. They have hired experts and consultants to argue their case and are now turning to lawmakers with ties to asbestos companies.

This is a battle that our company has been involved in for over 15 years. We are incredibly proud to have stood 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 major step in ensuring that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is made up of minerals that are naturally occurring and are laid out into long, thin fibers. These minerals are regarded as being strong, flexible and resistant to fire and chemicals. These qualities made them suitable in a variety of industrial items, including insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These illnesses have a long time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. Asbestos that is in good condition is unlikely to release any fibers until it is damaged. Examine the material for water damage, abrasions, or asbestos tears. If the material appears to be slightly damaged or if you're planning to remodel your home and disturb it in any way, you must seek out an asbestos abatement professional for a thorough examination.

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

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to assess your home. They can examine and test your home.

How to Get Asbestos Out

Asbestos is safe to remove provided that the appropriate precautions are followed. This is why asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos materials from their house, they must comply with the federal and state regulations for how the work is done. This includes properly covering every waste product generated during the project and properly disposing of it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from happening.

If asbestos is in good condition and will not be affected, it will not cause health risks. However, it is recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos professional before starting the work. This will allow a professional to determine if the material requires removal prior commencing any work. It also helps ensure it is handled properly, packed, labeled, and transported according to the regulations of the government.

It is illegal for anyone to work with asbestos without a license anyone who is in violation of these regulations face severe penalties. If you suspect improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

In the process of removing asbestos, the material should be kept wet throughout the process to prevent the release of airborne fibers. Spraying the material before removing it with a water/detergent spray will help achieve this. After the asbestos is removed, it is placed in large plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition by using commercial products that fill in holes and seal any damage. They are available in stores which specialize in asbestos materials and safety items. Check out How to Remove Asbestos for more details about how to cover and dispose of asbestos safely.