Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals for review and risk assessment.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. Laws vary state-to-state, but in general property owners are required to keep their buildings safe and notify workers of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3000 products. A qualified inspector should check your home or work place in the event that you suspect it could contain asbestos. A qualified professional can help you decide what steps to take should asbestos be found within your home or workplace and will work with a contractor when needed.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some instances, victims might be able seek damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proven however, instead it relies on the fact that a product was inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the various types of negligence and inform you on the possibility of applying this theory in your case. Employers are also required to provide safe working conditions for their employees, and to provide adequate training in safety. This requirement can be extended to owners of buildings who employ asbestos when they are aware that employees from other companies will be using those buildings.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" which pay victims of injury pennies on their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it doesn't provide workers with future compensation.

Congress was able to consider but failed to pass, legislation that would have established a $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies for compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in construction materials, and many Americans might have believed that asbestos was banned. However, the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to work daily on this issue.

In 1989 the year 1989, EPA issued a regulation that prohibited the manufacture, importation and processing of asbestos-containing products. However chemical companies sued and the court upheld most of the ban. Asbestos remains used in a variety of manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for different purposes.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list that requires a risk assessment. The EPA took a further step towards a complete ban in 2019, when it announced a final rule that strengthens the agency's ability to prevent asbestos-containing items from returning to the market.

Trade groups are attempting to stop the EPA's plan to ban asbestos. These groups claim asbestos bans would threaten the country's chlorine supply and claim that there are better alternatives than asbestos. They have hired consultants and experts to help them build their argument. They are also turning to lawmakers with ties to asbestos.

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

How to tell if you Are Suffering from Asbestos

Asbestos is a group of naturally occurring minerals that are arranged in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a range of industrial products including insulation.

Asbestos can be found in a variety of building and household products. Examples include vinyl floor tiles, pipe insulation and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found on ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases may have a long latency time and patients may not be symptomatic for up to 20 years after exposure.

Many people worry about asbestos in their home. Asbestos in good health will not release fibers until it is damaged. Homeowners should check the material for abrasions, tears or water damage. If the material is damaged or you are planning to remodel your home which could impact it, you should consult an asbestos abatement expert to conduct a further examination.

If asbestos is in good shape there is no reason to remove it from your home. Consult your physician if you are worried about your health. They can order various tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. Additionally, state laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility, your employer must provide you with details on how to connect with a contractor who can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. They will test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos removal is secure if 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 decides to eliminate asbestos materials from their home, they must follow state and federal regulations regarding the manner in which they do it. This includes covering up all waste generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related diseases, including lung cancer and mesothelioma. To prevent this strict rules have been put in place.

If asbestos is in good condition and isn't disturbed, it should not pose a health risk. It is recommended to have any ACM that may be disturbed during renovation or demolition checked prior to when you begin your work. This will allow a professional to determine whether the material needs to be removed prior to commencing any work. It will also make sure that it is properly handled wrapped, labeled, and transported according to the government regulations.

Anyone who is working with asbestos attorney without a permit is in violation of the law, and violators face severe fines. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To minimize the release of fibers into air, it is important to keep the material moist during the removal process. This can be achieved by spraying the asbestos with a detergent or water mist prior to taking it off. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof car.

In addition, small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are products can be found in stores that specialize in asbestos-related products and safety gear. See How to Get rid of Asbestos to learn more on how to dispose and cover asbestos safely.