Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, generally, property owners are required to keep their premises safe and warn workers of any possible dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos can be found in more than 3000 products. If you suspect your home or workplace may contain asbestos, a licensed inspector should be able to inspect the area. A professional can determine what to do should asbestos be found in your home or workplace and will collaborate with a contractor should it be necessary.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove the defendant's guilt. In some instances, the victims may claim damages under a theory of strict liability. This type of claim eliminates any need to prove four elements of negligence and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain strict liability, negligence and the different types of liability and help you if this theory applies in your case. The law also requires that employers provide secure working conditions and safety training for their employees. This obligation can be extended to owners of buildings who use asbestos if they are aware that third-party employees will use those buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not pay future workers' compensation.

Congress considered but failed to pass legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. This bill would have taken money kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it's no longer a widely used building material. However it is true that the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that it's known to cause cancer in any amount. This is an issue our lawyers and the rest of the international anti-asbestos movement continue to fight every day.

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

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from returning to the market.

Trade groups continue to stop the EPA's plan to ban asbestos claim. They argue that a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are alternatives to asbestos. They have hired experts and consultants to help them build their argument. They are also turning on lawmakers who have connections to asbestos.

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

How to determine if you have asbestos

Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a range of industrial products such as insulation.

Asbestos can be found in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces, and other building materials that are commonly used.

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

Many people are concerned about asbestos in their homes. Most of the time, asbestos in good condition will not release fibers unless disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you are planning to remodel your home and disturb it in any way, you should consult an asbestos abatement expert for a further inspection.

If asbestos is in good health there is no need to eliminate it. See your doctor if are worried about your health. They can recommend a range of tests to determine whether you're experiencing symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility the employer has to provide you with the information needed to reach a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed as long as the proper precautions are followed. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to federal and state laws regarding how the work is carried out. This includes covering all waste generated by the project and disposing it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. This is the reason strict regulations are in place to stop this from occurring.

Asbestos that is in good condition and can't be disturbed may not pose a health risk. It is recommended to have any ACM that may be disturbed during renovation or demolition checked prior to when you begin work. This will permit the professional to determine whether the material must be removed prior to commencing any work and will also ensure that it is handled, packed in a way that is labeled, transported and disposed of according with the regulations of the government.

It is illegal to work with asbestos without a permit, and those who violate these rules can face substantial fines. If you suspect that asbestos has been improperly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into the air, it is important to keep the material damp during the removal process. This can be accomplished by spraying the material with a detergent or water mist prior to removing it. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.

In addition small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These are products can be found in stores that specialize on asbestos-related materials and safety equipment. Find out How to Remove Asbestos for more information about how to cover and dispose asbestos safely.