Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have been passed through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals to be evaluated and reviewed.

In addition to mining companies, property owners can also face liability for asbestos lawsuit-related injuries. The laws differ between states, but generally property owners are required to keep their premises safe and inform workers of any possible dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, cancer of the lung and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place in the event that you suspect it could contain asbestos. A professional can determine what to do should asbestos be present in your workplace or home and work with a contractor when needed.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence can be difficult. In some instances, the victims may seek compensation under a doctrine 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 a product was inherently hazardous.

An asbestos lawyer can explain the different types of strict liability and negligence and will be able to advise you if this theory applies to your situation. The law also requires that employers provide safe working conditions and adequate safety education to employees. This requirement can also apply to the owners of buildings where asbestos is used if it is known that the building will be utilized by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" that pay victims of injury 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 guarantee future compensation for workers.

Congress looked at, but did not pass, legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. The bill would have tapped funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it is not a typical building material. However it's true that the United States is one of the few industrialized countries 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 international anti-asbestos campaign continue to work day in and day out to address this issue.

The first step toward prohibition came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court overturned most of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA made another significant step toward a ban in 2019 when it issued a final rule that bolsters the agency's ability to prevent asbestos-containing items from returning to the market.

However, asbestos lawsuit trade groups are once again trying to stop the EPA's attempt to prohibit asbestos. The trade groups argue that a ban could threaten the nation's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to aid them in making their argument. They are also turning to lawmakers who have ties to asbestos.

Our firm has been fighting this battle for more than 15 years. We are proud to be 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 major step to ensure that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

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

Because asbestos is extremely versatile, it's utilized in a 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 a few examples. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These lung diseases have a long duration of incubation, and asbestos lawsuit sufferers might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Most of the time, asbestos in good condition will not release fibers unless they are disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a remodel which could impact it, you must consult with an asbestos removal specialist for a more thorough inspection.

If asbestos is in good health, there is no need to get rid of it. Consult your doctor if you are concerned about your health. They can order a variety of tests to determine if there are symptoms related 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 building where you are exposed to asbestos, your employer should provide information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. These professionals can test your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper precautions are followed. This is why 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 house, they must comply with federal and state laws regarding the manner in which they do it. This includes covering and removing all waste from the project. Incorrectly handling and disposing of asbestos can expose workers and the public to asbestos-related diseases such as lung cancer and mesothelioma. This is why strict regulations are in place to prevent this from occurring.

If asbestos is in good condition and will not be disturbed, it may not pose a health threat. However, it is highly recommended that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos expert prior to beginning any work. This will allow a professional to determine if the material requires abatement before starting any work. It will also make sure that it is handled wrapped, labeled, and transported in accordance with the guidelines of the government.

It is illegal 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, you should contact your local environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it is crucial to keep the material wet throughout the removal process. This can be accomplished by spraying the material with a water/detergent mist before taking it off. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition using commercial products that fill in holes and seal any damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. For more information about how to cover asbestos and dispose of it learn about how to remove Asbestos.