Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals to be evaluated and reviewed.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state however, generally property owners are required to keep their buildings safe and notify employees of potential dangers.

The Law

Asbestos is a range of naturally occurring minerals. It was once used in construction as it was fireproof, chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is still present in over 3,000 different products. If you suspect your workplace or home might contain asbestos, a licensed inspector should inspect the area. A professional can tell you what to do should asbestos be present in your home or workplace and will collaborate with a contractor in the event of need.

It is possible to file an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims can seek compensation under a doctrine of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the different kinds of strict liability and negligence and advise you on whether this theory applies to your case. Employers are also required to provide safe working conditions for their employees as well as adequate education in safety. This obligation could be extended to property owners who use asbestos if they know that third-party employees will use the structures.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not cover workers' future compensation.

Congress was able to consider, but did not pass, legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in construction materials, and many Americans might have assumed that the mineral was not allowed. However it's true that the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that it's known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to work day in and day out on this issue.

In 1989, the EPA issued a rule that prohibited the production, importation and processing of asbestos-containing products. However chemical industry filed a suit and the court overturned most of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos is now on the list that requires a risk assessment. The EPA made another significant step toward a ban in 2019, when it announced a final rule that strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.

Trade groups are attempting to stop the EPA from bans on asbestos. These groups claim asbestos bans would harm the nation's supply of chlorine and claim that there are safer options to asbestos. They have hired experts and consultants to help them make their argument. They're also looking on lawmakers who have connections to asbestos.

This is a war 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 in ensuring that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is made up of a grouping of minerals that are naturally occurring and are organized into long, thin fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These properties make them useful in a number of industrial products, including insulation.

Because asbestos is so versatile, it's used in a wide range of buildings and household products. Some examples include vinyl floor tiles, insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as many other common building materials.

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

Many people are concerned that they may have asbestos in their homes. In most cases asbestos in good condition will not release fibers unless they are disturbed. Check the material for water damage, abrasions, or tears. If the material is damaged or you are planning a renovation that could affect it, you should speak with an asbestos abatement specialist for further inspection.

If asbestos is in good condition, there is no reason to eliminate it from your home. See your doctor if are worried about your health. They can order various tests to determine if you have symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building that is exposed to asbestos, your employer must provide details on how to reach an asbestos abatement contractor. You should also call an environmental inspector to assess your home. These professionals can examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the appropriate precautions are taken. As a result, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, he or she must comply with all federal and state regulations. This includes covering up all waste generated by the project, and then disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to prevent this from happening.

Asbestos in good condition that can't be disturbed may be safe for health. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition checked prior to when you begin work. This will allow the professional to determine if the material needs to be sprayed prior to starting any work and will also ensure that it is handled, packed and labeled before being transported and disposed of in compliance with government regulations.

It is illegal for anyone to work with asbestos without a license anyone who is in violation of the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is important to keep the material hydrated during the removal process. Spraying the asbestos prior removal with a detergent or water spray will aid in this. After the asbestos has been removed, it should be placed in heavy plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle.

Alternately, small areas of asbestos in good condition can be covered with commercial products designed to make holes or seal the damage. These are available at stores that specialize in asbestos materials and safety products. Check out How to Get rid of Asbestos to learn more about how to cover and dispose of asbestos in a safe manner.