Is Asbestos Legal?

Congress has approved a variety of incremental legislation proposals 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 The EPA's list of chemicals that are most important to be reviewed and assessed for risk.

Property owners are also liable for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, generally property owners must keep their premises safe and inform workers of the potential hazards.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was once used in construction because it was fire-resistant, chemical corrosion-resistant and an insulator. Inhaling asbestos fibers, however, 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 is found in more than 3,000 different products. A certified inspector should examine your home or work place when you suspect it may contain asbestos. A professional can assist you in determining what needs to be done when asbestos is found on your property and collaborate with an abatement contractor should it be necessary.

You can file a suit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, victims may seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform whether this theory applies to your situation. Employers are also required to provide safe working conditions to their employees and provide adequate training in safety. This requirement can also apply to the owners of buildings where asbestos is used when it is believed that the building are used by employees of a third party.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. The companies that do this have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. The system is criticized for its lack of transparency, as well because it doesn't cover future compensation.

In an effort to protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund to replace litigation. This bill would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned In The U.S.

Many Americans may have thought that asbestos was prohibited because it is no longer a widely used building material. However it's true that the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact that asbestos is known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos activists continue to work every day to address this issue.

In 1989 the year 1989, the EPA issued a rule which prohibited the production, importation, and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. In 2019, the EPA made a significant step towards a ban when it released an ordinance that strengthened the agency's capacity to stop asbestos-containing products from returning to the market.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. The trade groups argue that a ban could threaten the supply of chlorine in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to present their arguments and are now looking to lawmakers who have ties to asbestos companies.

Our company has been fighting this fight for more than 15 years. We are extremely proud to have fought 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 huge step to ensure 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 Determine if You Have Asbestos

Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These qualities made them suitable in a number of industrial products, such as insulation.

Asbestos is used in a variety of building and household items. 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 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 tiny fibers can get into the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These illnesses can have a long time of latency and patients might not experience symptoms for 20 to 50 years following exposure.

Many people are worried that they may have asbestos in their homes. asbestos lawsuit in good shape is unlikely to release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to make changes to your home or disturb it in any way, it is recommended to consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good condition there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can conduct a variety of tests to see whether you're experiencing symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building your employer must provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental company to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos is safe to remove provided that the proper precautions are taken. For this reason, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, they must follow all state and federal regulations. This includes properly covering and removing all waste resulting from the project. Incorrectly handling and disposing of asbestos could expose people and workers to asbestos-related ailments, like lung cancer and mesothelioma. To avoid this strict guidelines have been put in place.

Asbestos that is in good condition and can't be disturbed may not pose any health risk. However, it is highly recommended that you have any ACM that could be affected through demolition or renovations inspected by an asbestos professional before commencing the work. This will enable a professional to determine if the material requires abatement before beginning any work. It will also ensure that it is properly handled in a safe manner, packaged, labeled and transported according to the government regulations.

It is illegal to work in asbestos without a license Anyone who does not comply with the rules are subject to severe fines. If you suspect that asbestos has not been properly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material should be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. After the asbestos has been removed, it must be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and then disposed 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. They are available in stores that specialize in asbestos-related materials and safety items. For more details on how to properly cover and dispose of asbestos read How to Remove Asbestos.