Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have been tossed around Congress. One of these proposed legislations, 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.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state, but generally property owners are obliged to keep their properties safe and inform workers of any possible dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is found in more than 3,000 items. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can assist you in determining what must be done if this material is present within your home or workplace and work with an abatement contractor when needed.

It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, victims might be able seek damages on the basis of strict liability. This type of claim removes any need to prove four elements of negligence, and relies instead 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 of liability and help you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and adequate safety education to employees. This obligation can be extended to building owners who employ asbestos when they are aware that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that use this method are required to fund "bankruptcy funds" which pay injured victims pennies on the dollars of their past losses. The system is criticized for its lack of transparency, and because it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would have created a $140 billion asbestos trust fund to replace litigation. The bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

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

In 1989 in 1989, the EPA published a rule that prohibited the manufacture, importation and processing of asbestos-containing products. However chemical industry filed a suit and the court upheld most of the ban. Asbestos continues to be used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other uses.

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

However, trade groups are trying to block the EPA's effort to ban asbestos. These groups claim the asbestos compensation ban would harm the nation's supply of chlorine and claim that there are safer options to asbestos. They have hired consultants and experts to help them make their case. They're also reaching out to lawmakers with ties to asbestos.

Our company has been fighting this fight for more than 15 year. 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 an important step to ensure that no other Americans will be afflicted with 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 class of naturally occurring minerals that are arranged in long, thin fibers. They are known for being strong, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products including insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These illnesses have a long period of time before they manifest, and the victims may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is damaged. Check the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to remodel your home and disturb it in any way, it is recommended to consult an asbestos removal expert for a second inspection.

If asbestos is in good shape there is no reason to remove it from your home. See your doctor if are worried about your health. They can conduct various tests to determine if you suffer from symptoms related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you work in a public building where you are exposed asbestos, your employer should provide you with information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to assess your home. They will test your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos can be safely removed provided that the proper precautions are followed. For this reason, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If a homeowner chooses to eliminate asbestos materials from their house, they must comply with federal and state regulations on how to complete the task. This includes properly covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related ailments like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to stop this from happening.

If asbestos is in good shape and will not be disturbed, it should not pose a health threat. It is recommended to have any ACM that will be disturbed during renovations or demolition examined prior to you begin the work. This will enable a professional to determine whether the material requires removal prior to starting any work. It also helps ensure it is properly handled, packed, labeled and transported in accordance with the regulations of the government.

It is unlawful for anyone to work on asbestos without a valid license anyone who is in violation of these rules can face substantial fines. If you suspect improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

To reduce the release of fibers into the air, it is essential to keep the material damp during the removal process. This can be accomplished by spraying the material with a water/detergent mist before removing it. Once asbestos has been removed, it must be stored in plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and removed in an enclosed vehicle that is leak-proof.

Alternately small areas of asbestos in good condition can be covered with commercial products that are designed to make holes or seal the damage. They are available in stores which specialize in asbestos materials and safety items. See How to Get Asbestos Out for more information about how to cover and dispose asbestos safely.