Is Asbestos Legal?

Congress has approved a variety of incremental legislations, despite the fact that asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be reviewed and assessed for risk.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. Laws vary by state but generally, property owners must ensure that their buildings safe and warn workers of potential dangers.

The Law

Asbestos is a range of naturally occurring minerals. It was once used in construction because it was fire-resistant, chemical corrosion resistant and insulates. Inhaling asbestos fibers, can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 different products. If you suspect your workplace or house may contain asbestos, a licensed inspector should check the area. A professional can help determine what should be done should asbestos be found within your home or workplace and collaborate with an abatement contractor should it be necessary.

You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established however, instead it relies on the fact that the product was a risk in itself.

An asbestos lawyer can explain the various types of strict liability and negligence and advise you on whether this theory applies to your case. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This obligation could be extended to property owners who employ asbestos if they are aware that third-party employees will use the structures.

Many asbestos litigation manufacturers avoided liability through bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

Congress considered but could not approve legislation that would have established a $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to provide compensation. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was banned because it's no longer a widely used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. This is an issue our lawyers and the rest of the world's anti-asbestos movement continue to tackle every single day.

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

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more authority to regulate hazardous chemicals. Asbestos has been added to the list of chemicals that require a risk assessment. The EPA took another major step toward a ban in 2019, when it released a final rule that strengthens the agency's ability to prevent asbestos-containing products from resurfacing on the market.

However, trade organizations are trying to stop the EPA's plan to prohibit asbestos. They argue that a ban on asbestos would threaten the country's chlorine supply and claim that there are alternatives to asbestos. They have hired experts and consultants to help to make their case and are now turning to lawmakers who are connected to asbestos's industry.

This is a battle that our firm has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is a crucial step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. They are known for their strength, flexibility and resistance to chemical and asbestos fire. These properties made these materials useful in a variety of industrial products such as insulation.

Because asbestos is so versatile, it's employed in a myriad of household and industrial items. Examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These illnesses have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. The majority of the time asbestos in good condition will not release fibres unless they are disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you're planning to make changes to your home or alter the material in any way, you must consult an asbestos removal expert for a second inspection.

If asbestos is in good condition, there is no reason to eliminate it from your home. If you are concerned about your health, consult a physician. They can perform various tests to determine if there are symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in a public building where you are exposed to asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. Contact an environmental company to assess your home. They will test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe provided you take the right precautions. Asbestos removal must be performed by professionals who are certified and trained in the proper handling of the substance. If homeowners decide to remove asbestos from their home, they must comply with all federal and state regulations. This involves properly covering and disposing of all waste generated by the project. Incorrectly handling and disposing of asbestos can expose workers and others to asbestos-related diseases like lung cancer and mesothelioma. This is why strict regulations are in place to prevent this from happening.

If asbestos is in good shape and is not disturbed, it should not be a health risk. However, Asbestos it is highly recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to starting the work. This will permit the professional to determine whether the material should be abated before starting any work and will also ensure that it is properly handled, packaged and labeled before being transported and disposed of according with regulations set by the government.

Anyone who uses asbestos without a permit is in violation of the law, and those who do are liable for heavy fines. If you suspect that an improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

When removing asbestos, the material needs to be kept moist at all times to reduce the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to taking it off. Once the asbestos is removed, it is placed in heavy plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and disposed of in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be covered with commercial products designed to make holes or seal the damage. These are sold at stores that specialize in asbestos materials and safety equipment. Check out How to Remove Asbestos for more details on how to cover and dispose of asbestos in a safe manner.