Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the The EPA's list of chemicals that are most important to be reviewed and assessed for risk.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws vary from state to state however, generally property owners must ensure that their premises safe and inform workers of any dangers that could be present.

The Law

Asbestos is a variety of naturally occurring minerals. It was once employed in construction because it was fireproof, chemical corrosion-resistant and insulating. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A professional can assist you in determining what should be done should asbestos be found within your home or workplace and collaborate with an abatement company when needed.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain cases, victims can seek compensation under a doctrine of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead rely on the fact that a product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise you if this theory applies to your situation. The law also requires that employers provide safe working conditions and safety training for employees. This obligation can extend to owners of buildings where asbestos is used in the event that it is established that the building are utilized by third party employees.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not cover workers' future compensation.

Congress looked at but did not adopt, legislation that would have created an $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in building materials, and some Americans may have assumed that the mineral was prohibited. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to work on every day.

The first step towards a ban came in 1989 when the EPA issued a rule banning the production, importation and Asbestos Legal processing of most asbestos settlement-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In the year 2019, EPA made a significant step towards a ban when it released an order that bolstered the agency's capacity to stop asbestos-containing products from resurfacing on the marketplace.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. The trade groups argue that a ban would threaten the country's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and asbestos legal consultants to assist them in making their argument. They are also reaching out to legislators with ties to asbestos.

This is a battle that our firm has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the dangerous and deadly substance in the United States. This is an important step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is minerals that occur naturally and are laid out into long, thin fibers. They are known for being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a range of industrial products like insulation.

Asbestos can be found in many different types of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the atmosphere. If inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These lung diseases have a long period of time before they manifest, and the victims might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their homes. Asbestos in good health will not release fibers until it is damaged. Homeowners should examine the material for tears, abrasions or water damage. If the material is damaged or you are planning a home remodel that could disturb it, you should speak with an asbestos removal specialist for a more thorough examination.

If asbestos is in good shape there is no reason to eliminate it from your home. If you are concerned about your health, consult a physician. They can order a variety of tests to determine if there are symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos compensation. State laws also require that public employees also receive the same protection. If you are employed in a public establishment in which you are exposed to asbestos, your employer must provide you with information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to evaluate your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is secure if you take the right precautions. For this reason, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, he or she must follow all federal and state regulations. This includes properly covering all the waste produced during the process and properly disposing it. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To stop this from happening strict rules have been put in place.

Asbestos in good health that will not be disturbed may be safe for health. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected before you begin your work. This will let the professional know whether the material must be abated before starting any work and will also ensure that it is treated, packaged and labeled, transported and then disposed of in accordance to the rules of the government.

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

To reduce the release of fibers into the air, it is crucial to keep the material wet during the removal process. This can be accomplished by spraying the material with a water/detergent mist before taking it away. After the asbestos is removed, it should be put into plastic bags or tarps that are double-wrapped with tape. This material must be clearly marked as asbestos waste and disposed in a leak-proof car.

In addition small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These are available at stores that specialize in asbestos materials and safety items. For more details on how to properly cover asbestos and dispose of it read How to Remove Asbestos.