Is Asbestos Legal?

Congress has passed a number of incremental legislation plans despite the fact asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals to be reviewed and assessed for risk.

Property owners are also liable for asbestos compensation-related injuries, in addition to mining companies. The laws vary from state to state however, generally property owners must keep their structures safe and inform workers of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in construction due to its fire-resistant chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is found in more than 3000 products. If you believe your workplace or house may contain asbestos, a licensed inspector should inspect the area. A qualified professional can help you decide what you should do should asbestos be present within your home or workplace and work 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 may be a challenge. In some cases, victims may be able to seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the various kinds of strict liability and negligence and will be able to advise you if this theory applies to your particular situation. The law also requires that employers provide secure working conditions and safety training to employees. This requirement can be extended to building owners who use asbestos, if they are aware third-party employees will use those structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" that pay injured victims pennies for their losses in the past. This system has been criticized for its lack of transparency and the fact that it does not provide workers with future compensation.

In an effort to protect the public, Congress has considered but failed to pass legislation that would have created an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned due to the fact that it's no longer a common building material. However, the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos activists continue to work day in and day out to address this issue.

In 1989 in 1989, the EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining companies.

In 2016 Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. In 2019, the EPA made a significant step towards an asbestos ban when it published an order that bolstered the agency's capabilities to prevent asbestos-containing product from returning to the market.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. These groups claim the asbestos ban would threaten the country's chlorine supply and claim that there are alternatives in place of asbestos. They have hired experts and consultants to help them build their case. They are also turning to legislators with ties to asbestos.

This is a battle our company has been involved in for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is an assortment of naturally occurring minerals that are placed in long, thin fibers. These materials are known for their flexibility, strength and resistance to fire and chemicals. These properties make them useful in a variety of industrial products, like insulation.

Because asbestos is extremely versatile, it's utilized in a myriad of household and building items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes and other building materials commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases, such as mesothelioma or asbestosis. These diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. In most cases, asbestos in good condition will not release fibres unless disturbed. Check the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel which could impact it, you must consult with an asbestos abatement specialist to conduct an additional examination.

If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, consult a doctor. They can perform various tests to determine if you suffer from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition states' laws oblige public employees to have the same protections. If you work in a public facility that is exposed to asbestos, your employer should provide information on how to contact an asbestos removal 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 removal is safe provided you take the proper precautions. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos from their home, they must abide by the federal and state regulations for the manner in which they do it. This includes covering any waste generated during the project and properly disposing of it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. To avoid this strict guidelines have been put in place.

Asbestos that is in good shape and is not disturbed could not pose any health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you begin work. This will let the professional know whether the material should be abated before starting any work. It will also ensure that it is handled, packaged and labeled, transported and then disposed of in accordance to the rules of the government.

It is illegal for anyone to work in asbestos without a license, and those who violate these rules face large 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 is important to keep the material hydrated during the removal process. This can be achieved by spraying the material with a mist of detergent and water prior to taking it off. Once asbestos has been removed, it should be stored in plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.

Alternatively small areas of asbestos in good condition can be covered with commercially-made products designed to repair holes and seal damages. These products are sold in stores that specialize on asbestos-related products and safety equipment. For more information on how to properly remove asbestos read How to Remove Asbestos.