Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals 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 EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws vary from state to state, but in general property owners are required to keep their structures safe and inform workers of potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once popular in construction due to its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer and asbestosis. Symptoms can take 15 to 30 years to show up after exposure. Even in the present, asbestos is found in more than 3,000 products. A qualified inspector should check your workplace or home when you suspect it may contain asbestos. A professional can determine what to do when asbestos is found in your home or workplace and will work with a contractor if needed.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims could be able to claim damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that the product was inherently hazardous.

An asbestos lawyer (understanding) can provide a clear explanation of strict liability, negligence and the different types of liability and help you on the possibility of applying this theory to your particular situation. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This requirement can also apply to the owners of buildings where asbestos is used when it is determined that the buildings will be used by third party employees.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who comply with this procedure are required to provide "bankruptcy funds" which pay victims of injury pennies based on their losses in the past. This system is criticised for the lack of transparency, and since it doesn't cover future compensation.

In an effort to protect the public, Congress has considered but failed to pass legislation to establish a $140 billion asbestos trust fund in lieu of litigation. This bill would have tapped funds reserved by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in construction materials, and many Americans may have assumed that the mineral was prohibited. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. This is a matter that our lawyers and the world's anti-asbestos movement continue to work on each day.

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 most asbestos settlement-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos remains used in some manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it for other uses.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step towards a complete ban in 2019 when it issued an official rule that enhances the agency's ability to stop asbestos-containing items from returning to the market.

Trade groups are trying to prevent the EPA from banning asbestos. The trade groups argue that a ban will affect the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to help them make their case. They're also reaching out on lawmakers who have connections to asbestos.

This is a war that our firm has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly substance in the United States. This is an important step toward ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to Determine if You Have Asbestos

Asbestos is an assortment of minerals that are naturally occurring and are arranged into long, thin fibers. They are known for their flexibility, strength and resistance to chemical and fire. These qualities made them useful in a variety of industrial products including insulation.

Because asbestos is extremely versatile, it's utilized in a variety of buildings and household products. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These illnesses can have a long latency time and patients may not show symptoms for up to 20 years following 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. Check the material for water damage, abrasions, or tears. If the material appears to be slightly damaged, or if you plan to remodel your house and disturb it in any way, it is recommended to consult an asbestos abatement expert to conduct a more thorough inspection.

If asbestos is in good shape, there is no reason not to remove it from your home. If you are concerned about your health, consult a physician. They can recommend a range of tests to see whether you are suffering from symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect 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 asbestos, your employer should give you information on how to contact an asbestos removal contractor. You should also call an environmental inspector to examine your home. These professionals can test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed as long as the proper precautions are taken. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the material. If a homeowner chooses to remove asbestos materials from their home, they must follow federal and state laws regarding how the work is carried out. This includes covering up all the waste produced during the project and properly disposing of it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is why strict regulations are in place to prevent this from occurring.

Asbestos that is in good condition and will not be disturbed may be safe for health. It is recommended to have any ACM which will be disturbed during renovations or demolition checked prior to when you begin your work. This will enable the professional to determine whether the material must be sprayed prior to starting any work and will also ensure that it is handled, packed in a way that is labeled, transported and disposed of in compliance with government regulations.

Anyone who works with asbestos without a permit is breaking the law, and those who do face severe fines. If you suspect improper abatement occurred 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 needs to be kept moist constantly to minimize the release of airborne fibers. Spraying the material before removing it with a water/detergent spray can help in this. Once the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste and asbestos lawyer disposed in a leak-proof car.

You can also protect small areas of asbestos in good condition with commercial items that seal holes and repair damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. For more details on how to properly remove asbestos Learn How to Remove Asbestos.