Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have churned through Congress. One of them, 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. Laws vary state-to-state but generally, property owners must ensure that their premises safe and inform employees of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once popular in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can lead to serious health problems including mesothelioma, cancer of the lung and asbestosis. The symptoms may take 15 to 30 years to appear after exposure. Even today, asbestos is still present in more than 3,000 different products. If you suspect your workplace or home might contain asbestos, a certified inspector should check the area. A professional can advise you on what should be done in the event that asbestos is present in your home and will collaborate with an abatement contractor should it be necessary.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, the victims may pursue damages based on 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 a clear explanation of the strict liability, negligence and the various types of liability and tell whether this theory applies to your situation. The law also requires that employers provide safe working conditions and safety training to employees. This obligation can extend to the owners of buildings where asbestos is utilized if it is known that those buildings will be used by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies who make this decision are required to provide "bankruptcy funds" which pay victims of injury pennies for their past losses. The system is criticized for the lack of transparency, and because it does not cover future compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. This bill would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have thought that asbestos was banned because it's no longer a widely used building material. The United States is one the few industrialized countries that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work daily to address this issue.

The first step toward prohibition came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court reversed most 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 changed the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA made another significant step towards a ban 2019 when it published the final rule, which strengthens the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are attempting to stop the EPA from bans on asbestos. They argue that the asbestos ban would be a threat to the supply of chlorine in the United States and claim that there are better alternatives than asbestos. They have hired experts and consultants to argue their case, Asbestos Legal and they are turning to legislators who have ties to asbestos-related industries.

Our company has been fighting this fight for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is a major move to ensure that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is made up of minerals that are found naturally and are laid out into long, thin fibres. These materials are known as being strong, flexible and resistant to fire and chemicals. These qualities made them suitable in a variety of industrial products, including insulation.

Because asbestos is extremely versatile, it's utilized in a range of buildings and household items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases, such as mesothelioma or asbestosis. These illnesses 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 are concerned that they might have asbestos in their home. In most cases, asbestos in good condition will not release fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning to remodel your home that could cause damage to it, you should consult with an asbestos abatement specialist to conduct an additional inspection.

If asbestos is in good condition there is no reason to remove it from your home. Talk to your doctor if are concerned about your health. They can recommend a range of tests to determine whether you're suffering from symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also call an environmental inspector to evaluate your home. The experts can inspect your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos can be safely removed, as long as the proper precautions are followed. Asbestos removal must be done by experts who are certified and trained in the proper handling of the material. If a homeowner decides to eliminate asbestos materials from their house, they must comply with federal and state laws regarding the manner in which they do it. This includes properly covering and disposing of all waste generated by the project. The improper handling and disposal of asbestos can expose workers and the general public to asbestos-related diseases, such as lung cancer and mesothelioma. This is why strict rules are in place to prevent this from happening.

Asbestos that is in good shape and is not disturbed could be safe for health. It is however recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos expert prior to beginning the work. This will let the professional know whether the material must be removed prior to beginning any work. It will also ensure that it is properly handled, packaged and labeled before being transported and disposed of according to the rules of the government.

It is illegal for anyone to work in asbestos without a license and those who break these rules face large fines. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

When removing asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the material with a water/detergent mist before taking it away. Once the asbestos has been removed, it should be placed in thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.

Additionally small areas of asbestos that are in good condition can be covered with commercial products that are designed to make holes or seal the damage. These products are available at stores that specialize in asbestos materials and safety equipment. For more information about how to cover asbestos and dispose of it learn about how to remove Asbestos.