Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state, but in general property owners are required to keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos is a class of naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos can be found in over 3,000 different products. A certified inspector should examine your workplace or home if you suspect it may contain asbestos. A professional can tell you what you should do should asbestos be found in your workplace or home and will collaborate with a contractor should it be necessary.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims might be able seek damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established and instead relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide information on the various types of negligence and strict liability and advise you on whether this theory applies to your particular situation. Employers are also required to offer safe working conditions for their employees as well as adequate training in safety. This obligation can be extended to building owners who employ asbestos when they are aware that third-party employees will use the buildings.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. This system has been criticized due to its lack of transparency as well as the fact that it does not provide workers with future compensation.

Congress looked at but failed to pass legislation that would have created a $140 billion trust fund for asbestos law to be used in lieu of litigation. The bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and some Americans might have believed that asbestos was banned. The United States is one the few industrialized nations which do not have a ban on asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work daily to address this issue.

In 1989 in 1989, the EPA published a rule that prohibited the manufacture, importation and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for different purposes.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos has been added the list of substances that require a risk assessment. The EPA took another major step towards a ban in 2019 when it issued the final rule, which strengthens the agency's ability to prevent asbestos-containing items from returning to the market.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. These groups claim the asbestos ban would threaten the country's chlorine supply and argue that there are safer options in place of asbestos. They have hired experts and consultants to help present their arguments, and they are turning to lawmakers who have ties to asbestos companies.

This is a battle our firm has been involved in for over 15 years. We are proud to have stood alongside 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 chemical in the United States. This is a crucial step to ensure that no other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is minerals that are found naturally and are formed into long, fine fibers. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products like insulation.

Because asbestos is extremely versatile, it's utilized in a variety of household and industrial products. Vinyl floor tiles boiler and Asbestos Legal pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as mesothelioma or asbestosis. These diseases can have a long time of latency and sufferers may not show symptoms for a period of 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. In most cases asbestos in good state will not release any fibers unless 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 affect it, you should check with an asbestos abatement specialist for a more thorough inspection.

If asbestos is in good condition there is no reason why you should remove it from your home. See your doctor if are concerned about your health. They can order a variety of tests to determine whether you suffer from symptoms relating to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building your employer is required to provide you with information on how to contact a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. Because of this, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, he or she must comply with all federal and state regulations. This includes covering up all waste generated during the process and properly disposing it. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To prevent this strict guidelines have been enacted.

Asbestos that is in good condition and is not disturbed could not pose any health risk. However, it is advised that you have any ACM that could be affected by renovation or demolition inspected by an asbestos professional before beginning the work. This will allow an expert to determine whether the material needs to be removed prior to commencing any work. It will also ensure that it is properly handled, packed, labeled and transported in accordance with the government regulations.

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 not been properly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. Spraying the asbestos prior getting rid of it using a detergent or water spray can aid in this. After the asbestos is removed, it must be put into plastic bags or tarps that are double-wrapped with tape. This material must be clearly marked as asbestos waste and removed in a leak-proof vehicle.

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