Is Asbestos Legal?

Congress has approved a variety of incremental legislation plans, despite the fact that asbestos is still banned. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated for risk and review.

In addition to mining businesses, property owners may be held responsible for asbestos-related injuries. The laws vary from state to state, however, generally, property owners are obliged to keep their properties safe and inform workers of any potential dangers.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction as it was fire resistant, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however, can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should inspect your workplace or home when you suspect it may contain asbestos. A professional can determine what to do if asbestos is present within your home or workplace and will collaborate with a contractor when needed.

You can bring a lawsuit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain instances, victims may claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead rely on the fact that the product was inherently dangerous.

An asbestos lawyer can explain strict liability, negligence and the different types and advise you if this theory is applicable to your particular situation. Employers are also required to offer safe working conditions for their employees and adequate education in safety. This obligation can be extended to property owners who use asbestos if they know that third-party employees will use those structures.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies who comply with this procedure are required to provide "bankruptcy funds" which pay victims of injury pennies on the dollars of their previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't pay future workers' compensation.

To protect the public, Congress has considered but failed to pass legislation that would establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to provide compensation. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans might have believed asbestos was banned since it's no longer a commonly used building material. The United States is one the few industrialized countries that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue.

In 1989, the EPA published a rule that prohibited the production, importation and processing of asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos is still used in a variety of manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for different purposes.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos has been added the list of chemicals that require a risk assessment. In 2019, the EPA made a significant step towards an asbestos ban when it published an ordinance that strengthened the agency's ability to stop asbestos-containing product from returning to the marketplace.

Trade groups are attempting to stop the EPA from bans on asbestos. These groups claim the ban on asbestos will be a threat to the supply of chlorine in the United States and argue that there are better alternatives in place of asbestos. They have hired consultants and experts to help them make their argument. They're also reaching out on lawmakers who have connections to asbestos.

Our company has been fighting this battle for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and hazardous substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to Determine if You Have Asbestos

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

Asbestos is a component in a variety of building and household products. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. 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 dangerous fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These illnesses may have a long time of latency and patients may not show symptoms for 20 to 50 years following exposure.

Many people are concerned about asbestos in their home. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning a renovation that could cause damage to it, you should consult an asbestos abatement expert for a more thorough inspection.

If asbestos is in good shape there is no reason why you should remove it from your home. If you are concerned about your health, you should consult a doctor. They can order a variety of tests to determine whether you're suffering from symptoms related to asbestos exposure.

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

How to Remove Asbestos

Asbestos removal is safe if you take the proper precautions. This is why asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all federal and state regulations. This includes properly covering and removing all waste resulting from the project. The improper handling and disposal of asbestos can expose workers and others to asbestos-related diseases like lung cancer and mesothelioma. This is why strict rules are in place to stop this from occurring.

If asbestos is in good shape and will not be damaged, it is unlikely to be a health risk. It is however recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos expert prior to beginning any work. This will permit the professional to determine whether the material should be removed prior to commencing any work. They will also ensure that it is handled, packaged and labeled before being transported and disposed of in accordance with regulations set by the government.

Anyone who works with asbestos without a permit is breaking the law. Those who break it face severe fines. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

To limit the release of fibers into air, it's important to keep the material hydrated throughout the removal process. This can be achieved by spraying the asbestos with a mist of detergent and water prior to taking it off. After the asbestos is removed, it must be placed in large plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste and disposed of in a leak-proof vehicle.

Alternately small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal damage. These are sold at stores that specialize in asbestos materials and safety equipment. See How to Remove Asbestos for more information about how to cover and dispose of asbestos safely.