Is Asbestos Legal?

Although asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals for review and risk assessment.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws differ from state to state but generally property owners are required to ensure their buildings are secure and warn workers of any potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, however it can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is still found in more than 3,000 products. If you think your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can help determine what needs to be done in the event that asbestos is present on your property and work with an abatement professional should it be necessary.

You can file a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain cases, victims may seek damages under a theory of strict liability. This type of claim removes any need to prove four elements of negligence, and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can provide information on the different kinds of strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to provide safe working conditions to their employees and provide adequate training in safety. This obligation could extend to the owners of buildings where asbestos is utilized if it is known that the building are utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't cover workers' future compensation.

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

Is Asbestos Banned In The U.S.

Asbestos is no longer a common ingredient in construction materials, and many Americans might have believed that the mineral was prohibited. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to work on each day.

In 1989, the EPA issued a rule which banned the importation, manufacture, and processing of asbestos-containing products. However chemical industry filed a suit and the court reversed 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 to use for other uses.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos is now on the list that requires a risk assessment. The EPA made another significant step towards a complete ban in 2019 when it issued a final rule that bolsters the agency's ability to stop asbestos-containing products from resurfacing on the market.

However, trade organizations are trying to block the EPA's effort to ban asbestos. These groups argue that a ban would threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their case. They are also reaching out on lawmakers who have connections to asbestos.

Our company has been fighting this fight for more than 15 year. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is a major step in ensuring that no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is an assortment of minerals that occur naturally and are organized into long, thin fibers. These minerals are renowned for their strength, flexibility and resistance to chemical and fire. These properties make them useful in a number of industrial products, like insulation.

Because asbestos is extremely versatile, it's utilized in a range of household and industrial products. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos can also be found on shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as asbestosis or mesothelioma. These diseases have a lengthy time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel that could affect it, you should speak with an asbestos specialist for a more thorough examination.

If asbestos is in good condition, there is no need to remove it. If you are concerned about your health, you should consult with a physician. They can conduct various tests to determine if you suffer from symptoms related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in a public building in which you are exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. Contact an environmental company to examine your home. They can conduct a test on your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos removal is safe when you take the proper precautions. Asbestos removal should be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos materials from their home, they must follow federal and state regulations on how the work is carried out. This includes properly covering and disposing of all waste resulting from the project. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. To prevent this strict rules have been enacted.

Asbestos in good health that will not be disturbed may be safe for health. It is recommended to have any ACM which will be disturbed during renovations or demolition examined prior to you start the work. This will enable a professional to determine whether the material needs to be removed prior to commencing any work. It will also make sure that it is properly handled in a safe manner, packaged, labeled and transported in accordance with the regulations of the government.

It is unlawful for anyone to work in asbestos without a license, and those who violate these rules face large fines. If you suspect that asbestos was not properly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is crucial to keep the material wet throughout the removal process. Spraying the material prior to getting rid of it using a detergent or water spray can aid in this. After the asbestos has been removed, it is placed in large plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition using commercial products that fill in holes and seal any damage. They are available in stores that specialize in asbestos-related materials and safety products. For more details about how to cover asbestos and dispose of it read How to Remove Asbestos.