Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals 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 EPA's list of priority chemicals to be evaluated for risk and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary between states, however, in general, property owners are obliged to keep their properties safe and warn workers of any potential dangers.

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 as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 items. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A professional can help determine what steps to take if this material is present on your property and collaborate with an abatement contractor should it be necessary.

It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In some instances, victims might be able to pursue damages under the theory 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 intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help you if this theory is applicable to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training for their employees. This obligation could extend to the owners of structures where asbestos is used if it is known that the building are utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who use this method are required to pay "bankruptcy funds" which pay injured victim's pennies based on their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't cover workers' future compensation.

In a bid to protect the public, Congress has considered but did not pass legislation that would establish an asbestos trust fund of $140 billion fund to replace 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 that asbestos was banned because it is no longer a widely used building material. However the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that asbestos is known to cause cancer in any quantity. This is a problem that our lawyers and the international anti-asbestos campaign continue to work on every day.

In 1989 the year 1989, EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and then import it for other purposes.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another step towards a complete ban in 2019, when it announced a final rule that bolsters the agency's capability to prevent asbestos-containing products from coming back onto the market.

However, trade organizations are once again trying to stop the EPA's plan to prohibit asbestos. They argue that asbestos bans would affect the supply of chlorine in the country and argue that there are better alternatives in place of asbestos. They have hired consultants and experts to aid them in making their case. They're also reaching out to lawmakers who have ties to asbestos.

Our firm has been fighting this battle for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits 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 the millions of men, women and children who have been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is a collection of minerals that are naturally occurring and are arranged into long, thin fibers. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos is so versatile, it's used in a myriad of household and building items. Vinyl floor tiles boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These illnesses may have a long latency time and sufferers may not be symptomatic for 20 to 50 years following exposure.

Many people worry that they might have asbestos in their home. The majority of the time asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you intend to make changes to your home or alter the material in any way, it is recommended to consult an asbestos removal expert for a second inspection.

If asbestos is in good condition there is no reason to remove it from your home. Talk to your doctor if are worried about your health. They can conduct a variety of tests to see whether you are suffering from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. In addition the laws of the state require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with details on how to find a contractor that can remove asbestos. You should also seek out an environmental inspection company to examine your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper 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 decides to remove asbestos from their home, they must follow federal and state regulations on how to complete the task. This includes covering up all waste generated by the project, and then disposing of it. Improperly handling and disposing of asbestos can expose workers and others to asbestos settlement-related illnesses, including lung cancer and mesothelioma. This is why strict rules are in place to prevent this from happening.

If asbestos is in good condition and will not be affected, it will not be a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to start the work. This will enable the professional to determine whether the material requires to be removed prior to commencing any work. They will also ensure that it is handled, packaged in a way that is labeled, transported and disposed of according with the regulations of the government.

Anyone who is working with asbestos without a permit is breaking the law. Those who break it are liable for heavy fines. If you suspect that asbestos has not been properly removed from your property, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material needs to be kept wet throughout the process to prevent the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray will aid in this. Once asbestos has been removed, it is placed in heavy plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof car.

You can also protect small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. These products are available at stores that specialize on asbestos-related materials and safety equipment. See How to Remove Asbestos for more information on how to cover and dispose asbestos properly.