Is Asbestos Legal?

Although asbestos is still banned several legislative proposals with incremental provisions have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state, but in general property owners must ensure that their structures safe and inform workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that were once popular in construction due to its fire-resistant chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health problems including mesothelioma, lung cancer and asbestosis. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 different products. A qualified inspector should inspect your home or work place in the event that you suspect it could contain asbestos. A professional can help you determine what must be done if this material is present in your property and will work with an abatement contractor when needed.

You can file a suit against the manufacturer if they manufacture asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some cases, the victims could be able to claim damages under the theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory applies to your situation. The law also requires employers to provide safe working conditions and safety training for employees. This obligation could be extended to owners of buildings who employ asbestos if they know that employees from third parties will be using the buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. This system is criticized for the lack of transparency, as well because it doesn't cover future compensation.

Congress considered, but did not pass legislation that would have created the $140 billion trust fund for asbestos as a substitute for litigation. The bill would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in building materials, and some Americans might have assumed that the mineral was prohibited. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to work every day on this issue.

In 1989 the year 1989, the EPA issued a rule which prohibited the manufacture, importation, and processing of asbestos-containing products. However, the chemical industry sued and the court upheld most of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the material and buy it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an act that strengthened the agency's ability to stop asbestos-containing products from resurfacing on the market.

Trade groups are attempting to stop the EPA from prohibiting asbestos. They claim that the asbestos ban would be a threat to the supply of chlorine in the United States and argue that there are better alternatives than asbestos. They have hired experts and consultants to assist them in making their argument. They're also reaching out to lawmakers who have ties to asbestos.

Our firm has been fighting this fight for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly substance in the United States. This is an important step to ensure that no other Americans will suffer the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These qualities made them suitable in a variety of industrial items, including insulation.

Because asbestos is so versatile, it's used in a variety of household and industrial products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these tiny fibers can get into the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases have a lengthy duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their home. Asbestos in good condition is not likely to release fibers until it is disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a remodel that could disturb it, you must consult with an asbestos removal specialist for a more thorough inspection.

If asbestos is in good shape, there is no reason why you should remove it from your home. Consult your physician if you are concerned about your health. They can order various tests to determine if you have symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. Additionally, state laws oblige public employees to have the same protections. If you are employed in a public establishment where you are exposed asbestos, your employer should provide information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos is safe to remove provided that the proper precautions are taken. This is why asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, he or she must adhere to all state and federal regulations. This includes covering up every waste product generated during the process and properly disposing it. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related diseases like lung cancer and mesothelioma. To avoid this strict regulations have been enacted.

If asbestos is in good shape and Asbestos Legal will not be affected, it will not cause health risks. It is however recommended that you have any ACM which is affected through demolition or renovations inspected by an asbestos professional before beginning any work. This will allow the professional to determine if the material needs to be sprayed prior to starting any work and will also ensure that it is handled, packed, labeled, transported, and disposed of according with regulations set by the government.

Anyone who uses asbestos without a permit is violating the law. Those who break it face heavy fines. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

In the process of removing asbestos, the substance must be kept wet all the time to limit the release of airborne fibers. This can be achieved by spraying the asbestos with a mist of detergent and water prior to removing it. After the asbestos is removed, it should be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof car.

In addition, small areas of asbestos in good condition can be covered with commercially-made products designed to repair holes and seal damages. These are products can be found in stores that specialize on asbestos lawsuit-related products and safety gear. Learn How to Get rid of Asbestos to learn more about how to dispose and cover asbestos properly.