Is Asbestos Legal?

Congress has passed a number of incremental legislations, despite the fact that asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws differ from state to state however, in general, property owners are required to keep their buildings safe and warn workers of any possible dangers.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously employed in construction because it was fire-resistant as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibres can cause serious health problems including lung cancer, mesothelioma and asbestosis. After exposure, symptoms could appear 15-30 years later. Even in the present, asbestos is present in over 3,000 different products. If you suspect your workplace or home may contain asbestos, an experienced inspector should examine the area. A professional can help you determine what needs to be done when asbestos is found in your property and will work with an abatement professional when needed.

It is possible to file an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be established, but instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform whether this theory applies to your situation. Employers are also required to provide safe working conditions for their employees and adequate education in safety. This obligation can be extended to property owners who use asbestos if they are aware that third-party employees will use those buildings.

Many asbestos producers avoided liability through bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. The system is criticized for the inconsistency of the system, and because it does not cover future compensation.

Congress considered but did not adopt legislation that would have established an $140 billion trust fund for asbestos as a substitute for litigation. The bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by victims' advocates or 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. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. This is a problem that our lawyers and the international anti-asbestos movement continue to work on every day.

The first step towards the ban was in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and purchase it from mining companies.

In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos has been added to the list of chemicals that require an assessment of risk. The EPA took another major step towards a complete ban in 2019 when it published a final rule that strengthens the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are attempting to stop the EPA from prohibiting asbestos. These groups claim that a ban would jeopardize the nation's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to assist them in making their case. They are also reaching out on lawmakers who have connections to asbestos.

This is a war that our firm has been involved in for over 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and dangerous 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 already been diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

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

Asbestos is used in a variety of household and building products. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos is also found 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. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases have a long duration of incubation, and sufferers may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Asbestos in good health is not likely to release fibers until it is damaged. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you intend to remodel your home and alter the material in any way, you should seek out an asbestos abatement professional for a second inspection.

If asbestos is in good condition, there is no need to remove it. Consult your doctor if you are worried about your health. They can order a variety of tests to determine whether you're experiencing symptoms that are related to asbestos exposure.

The Occupational Safety and Asbestos Legal Health Administration requires private employers to protect their workers from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you work in a public building that is exposed to asbestos, your employer must provide information on how to contact an asbestos removal contractor. You should also contact an environmental inspection firm to examine your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos is safe to remove provided that the appropriate precautions are taken. As a result, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, he or she must comply with all federal and state regulations. This includes properly covering all the waste produced during the process and properly disposing it. Improper handling and disposal asbestos can put workers and general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. This is why strict rules are in place to stop this from occurring.

Asbestos that is in good condition and is not disturbed could not pose any health risk. It is recommended to have any ACM which will be disturbed during renovation or demolition examined prior to you begin work. This will permit the professional to determine if the material needs to be removed prior to beginning any work. It will also ensure that it is properly handled, packaged and labeled, transported and disposed of in compliance to the rules of the government.

Anyone who uses asbestos without a permit is violating the law, and violators face heavy fines. If you suspect that an improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.

To prevent the release of fibers into the air, it is crucial to keep the material wet during the removal process. Spraying the material prior to removing it with a water/detergent 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. The material should be clearly marked as asbestos waste and disposed of in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition by using commercial products that seal holes and repair damage. These products are available in stores that specialize in asbestos materials and safety equipment. For more information about how to cover and dispose of asbestos, see How to Remove Asbestos.