Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact that asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be evaluated and reviewed.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary between states, but generally property owners are required to ensure their buildings are secure and inform workers of any possible dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos is still found in over 3,000 different products. A certified inspector should examine your home or work place if you suspect that it might contain asbestos. A professional can advise you on what should be done should asbestos be found in your home and will collaborate with an abatement contractor when needed.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims might be able seek damages on the basis of strict liability. This type of claim eliminates 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 information on the different types of strict liability and negligence and can advise on whether this theory is applicable to your situation. The law also requires employers to provide safe working conditions and safety training for employees. This obligation could be extended to owners of buildings who employ asbestos if they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability through bankruptcy protection. The companies that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system is criticized for its lack of transparency, as well because it does not cover future compensation.

Congress considered but failed to pass legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. This bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in building materials, and some Americans might have believed the mineral was banned. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to fight every day to address this issue.

The first step toward an end to the ban came in 1989, when the EPA issued a rule banning the manufacturing, importation and processing of the majority of asbestos legal-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. In the year 2019, the EPA made a significant step towards a ban when it released an order that bolstered the agency's capacity to stop asbestos-containing products from coming back to the market.

Trade groups are trying to block the EPA from banning 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 looking to lawmakers who have ties to asbestos-related industries.

This is a battle our firm has been involved in for over 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is a major move to ensure that there are no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is minerals that are naturally occurring and are organized into long, thin fibers. They are known for being flexible, strong and resistant to chemicals and fire. These qualities made them useful in a range of industrial products including insulation.

Because asbestos is so versatile, it's used in a range of household and industrial products. Examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces, and other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These illnesses may be long-lasting and patients might not experience symptoms for up to 20 years following exposure.

Many people are worried about asbestos in their homes. The majority of the time, asbestos in good condition will not release fibres unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you are planning to remodel your home and disturb it in any way, it is recommended to consult an asbestos removal expert for a thorough examination.

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

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you work in a public facility in which you are exposed to asbestos, your employer must provide you with information on how to contact an asbestos removal contractor. You should also contact an environmental inspection firm to assess your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. This is why asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos from their home, they must abide by federal and state regulations on the manner in which they do it. This includes properly covering all waste generated by the project and disposing it. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To prevent this strict rules have been enacted.

If asbestos is in good shape and has not been affected, it will not pose a health threat. It is recommended to have any ACM that will be disturbed during renovations or demolition inspected prior to begin work. This will allow an expert to determine whether the material needs to be removed prior to beginning any work. It will also ensure it is handled properly, packed, labeled, and shipped in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is breaking the law, and violators face severe penalties. If you suspect that asbestos has been improperly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into the air, it is essential to keep the material moist throughout the removal process. This can be accomplished by spraying the material with a mist of water or detergent prior to removing it. After the asbestos has been removed, it should be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be covered with commercially-made products designed to make holes or seal the damage. These products are available in stores that specialize on asbestos legal-related materials and safety equipment. Find out How to Remove Asbestos for more details on how to cover and dispose asbestos in a safe manner.