Is Asbestos Legal?

Although asbestos is still 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 top list of chemicals to be considered for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ between states, but generally property owners are required to keep their buildings safe and warn workers of any possible dangers.

The Law

Asbestos is an assortment of naturally occurring minerals. It was once employed in construction because it was fireproof, chemical corrosion resistant, and insulates. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A professional can determine what steps to take should asbestos be found within your home or workplace and can work with a contractor when needed.

It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In some instances, victims might be able seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established however, instead it relies on the fact that a product was inherently dangerous.

An asbestos lawyer can provide information on the different types of negligence and strict liability and will be able to advise you if this theory applies to your particular situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation could extend to the owners of structures where asbestos is used if it is known that those buildings will be used by employees of a third party.

Many asbestos producers avoided liability through bankruptcy protection. Companies who make this decision are required to create "bankruptcy funds" which pay victims of injury pennies on the dollars of their previous losses. The system is criticized for the inconsistency of the system, and because it does not cover future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund in lieu of litigation. The bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in building materials, and some Americans might have believed the mineral was not allowed. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to fight every day on this issue.

The first step towards a ban came in 1989 when the EPA issued a directive prohibiting the importation, manufacturing and processing of the majority 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 is legal for businesses to import the substance and purchase it from mining companies.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA made another significant step towards a ban in 2019, when it announced an official rule that enhances the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are trying to block the EPA's effort to prohibit asbestos. They claim that the ban on asbestos will threaten the country's chlorine supply and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to make their case and are now looking to lawmakers with ties to asbestos-related industries.

This is a fight that our company 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 continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is an important move to ensure that there is no longer a chance for Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

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

Because Asbestos Law is so versatile, it is used in a wide range of household and building products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes and other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases can have a long time of latency and sufferers may not show symptoms for up to 20 years following exposure.

Many people worry about asbestos in their home. In most cases asbestos in good condition will not release fibres unless disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a remodel that could cause damage to it, you must consult with an asbestos specialist for further examination.

If asbestos is in good shape, there is no reason to remove it. Consult your physician if you are concerned about your health. They can order a variety of tests to determine if you suffer from symptoms linked 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 receive the same protection. If you work in a public facility where you are exposed to asbestos, your employer should provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the appropriate precautions are taken. For this reason, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow federal and state regulations on how the work is done. This includes covering all the waste produced by the project, and then disposing of it. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. To avoid this strict guidelines have been put in place.

If asbestos is in good shape and isn't disturbed, it may not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition checked prior to when you begin your work. This will permit the professional to determine if the material needs to be sprayed prior to starting any work and will also ensure that it is properly handled, packaged and labeled before being transported and then disposed of in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is in violation of the law and those who violate it are liable for heavy fines. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.

In the process of removing asbestos, the material should be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it away. After the asbestos has been removed, it should be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste and then disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition with commercial products that fill holes and seal damage. These are sold at stores which specialize in asbestos materials and safety items. For more information about how to cover asbestos and dispose of it, see How to Remove Asbestos.