Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws differ between states, but generally property owners are obliged to keep their properties secure and warn workers of any potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant chemical corrosion-resistant and insulate properties. However, asbestos legal inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even in the present, asbestos litigation can be found in more than 3,000 different products. A qualified inspector should inspect your workplace or home when you suspect it may contain asbestos. A qualified professional can help you decide what to do if asbestos is present in your home or workplace and work with a contractor if needed.

It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In some instances, victims could be able to claim damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established however, instead it relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain strict liability, negligence and the various types of liability and tell you if this theory applies to your particular situation. The law also requires employers to provide secure working conditions and safety training for their employees. This obligation can be extended to owners of buildings who employ asbestos if they are aware that employees from third parties will be using the buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it doesn't provide workers with future compensation.

Congress was able to consider, but did not pass legislation that would have created a $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in construction materials, and many Americans might have assumed that asbestos was banned. However it's true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and of the world's anti-asbestos campaign continue to fight every day to address this issue.

The first step towards an end to the ban came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos remains used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it for different purposes.

In 2016 Congress amended the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list of chemicals that require an assessment of risk. The EPA took a further step towards a ban 2019, when it announced a final rule that strengthens the agency's capacity to stop asbestos-containing products from coming back onto the market.

Trade groups continue to stop the EPA's efforts to ban asbestos. These groups argue that a ban could threaten the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their case. They're also reaching out on lawmakers who have connections to asbestos.

Our firm has been fighting this fight for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and dangerous substance in the United States. This is a significant step to ensure that no other Americans will be afflicted with the same fate as millions of women, men and children who have been diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is made up of a collection of minerals that occur naturally and are organized into long, thin fibers. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These properties make them useful in a variety of industrial items, including insulation.

Because asbestos is so versatile, it's employed in a variety of household and industrial items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases such as asbestosis or mesothelioma. These diseases have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos compensation in their homes. Asbestos in good condition is not likely to release fibers until it is agitated. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you intend to remodel your house and alter the material in any way, you must consult an asbestos abatement expert for a thorough examination.

If asbestos is in good shape there is no reason to remove it from your home. Consult your doctor if you are concerned about your health. They can recommend a range of tests to determine if you are experiencing symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public place in which you are exposed to asbestos, your employer must give you information on how to contact an asbestos removal contractor. Contact an environmental inspection company to examine your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the appropriate precautions. As a result, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos from their home, they must follow federal and state laws regarding how to complete the task. This includes covering all waste generated by the project, and then disposing of it. Improper handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict rules are in place to prevent this from occurring.

Asbestos that is in good shape and is not disturbed could be safe for health. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected prior to begin the work. This will enable a professional to determine whether the material requires removal prior commencing any work. It will also ensure it is properly handled, packed, labeled and shipped in accordance with the regulations of the government.

It is illegal to work with asbestos without a license, and those who violate these rules face large fines. If you suspect that improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental health.

To reduce the release of fibers into the air, it's important to keep the material hydrated throughout the removal process. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to removing it. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and then disposed of in a leak-proof vehicle.

Additionally, small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These products are available in stores that specialize in asbestos-related products and safety gear. For more details on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.