Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws vary from state to state however, in general, property owners must keep their buildings safe and notify workers of any dangers that could be present.

The Law

Asbestos is a group of naturally occurring minerals that were once used in construction due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers they can trigger serious health issues, including asbestosis, lung cancer and mesothelioma. The symptoms may take 15 to 30 years to manifest after exposure. Even in the present, asbestos is present in over 3,000 different products. A qualified inspector should check your home or work place when you suspect it may contain asbestos. 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 can file a suit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some instances, the victims can seek compensation under a doctrine of strict liability. This type of claim eliminates any need to prove four elements of negligence and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can explain strict liability, negligence, and the different types and advise you if this theory applies in your case. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation could be extended to owners of buildings who use asbestos when they are aware that third-party employees will use those structures.

Many asbestos producers avoided liability through bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system is criticized for its lack of transparency, as well because it does not provide future compensation.

Congress looked at but failed to pass, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have taken funds 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 may have thought that asbestos was prohibited because it's no longer a widely used building material. However, the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that it's known to cause cancer in any quantity. Our lawyers and the world's anti-asbestos movement continue to work day in and day out to address this issue.

The first step towards prohibition came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still employed in a few manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it for other purposes.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, EPA took a major step towards a ban when it released an act that strengthened the agency's abilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are trying to block the EPA from bans on asbestos. These groups claim that a ban will affect the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to assist them in making their case. They're also looking to legislators with ties to asbestos.

This is a battle that our company has been involved in for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a crucial step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is minerals that are found naturally and are formed into long, fine fibres. 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, including insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung conditions like mesothelioma or asbestosis. These illnesses may have a long latency time and patients may not be symptomatic for 20 to 50 years following exposure.

Many people are worried that they may have asbestos in their homes. Most of the time, asbestos in good condition will not release fibres unless disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material is damaged or you are planning a renovation that could affect it, you should consult with an asbestos specialist to conduct a further examination.

If asbestos is in good health, there is no need to eliminate it. Consult your physician if you are worried about your health. They can conduct a variety of tests to see whether you're experiencing symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building, asbestos your employer must provide you with the information needed to reach a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. These professionals can test your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos removal is secure if you take the proper precautions. Because of this, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their home, they must follow state and federal regulations regarding the manner in which they do it. This involves properly covering and disposing of all waste generated by the project. Improper handling and disposal asbestos could put workers as well as the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To avoid this strict guidelines have been enacted.

If asbestos is in good condition and will not be disturbed, it should not pose a health threat. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you begin your work. This will allow an expert to determine whether the material needs to be removed prior to commencing any work. It will also ensure it is properly handled, packed, labeled and transported in accordance with the government regulations.

It is unlawful for anyone to work on asbestos without a valid license anyone who is in violation of the rules are subject to severe fines. If you suspect that asbestos case has not been properly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. This can be achieved by spraying the asbestos with a water/detergent mist before taking it off. Once asbestos has been removed, it is stored in plastic bags or asbestos tarps double-wrapped and sealed by tape. This material should be clearly labeled as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos that are in good condition using commercial products that fill in holes and seal any damage. These are products can be found in stores that specialize on asbestos-related products and safety equipment. For more information on how to properly cover asbestos and dispose of it Learn How to Remove Asbestos.