Is Asbestos Legal?

Congress has passed several incremental legislations despite the fact asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may be held responsible for asbestos-related injuries. Laws vary by state however, in general, property owners are required to keep their structures safe and inform workers of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once popular in construction due to its fire-resistant chemical corrosion-resistant and insulate properties. Inhaling asbestos litigation fibers they can cause serious health issues, including asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is present in over 3,000 different products. If you are concerned that your workplace or home might contain asbestos, an experienced inspector should check the area. A professional can help you determine what must be done in the event that asbestos is present in your property and will work with an abatement contractor when needed.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove the defendant's guilt. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim does not require the four elements of negligence to be proved and instead relies on the fact that the product was a risk in itself.

An asbestos lawyer can provide information on the various types 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 as well as adequate training in safety. This requirement can also apply to the owners of buildings where asbestos is utilized in the event that it is established that the building will be used by employees of a third party.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system is criticized for its lack of transparency, and because it does not cover future compensation.

Congress looked at, but did not pass, legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed asbestos was banned since it is no longer a widely used building material. The United States is one the few industrialized countries 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 movement continue to work on every day.

In 1989 the year 1989, the EPA issued a rule that prohibited the production, importation, and processing of asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for other purposes.

In 2016 Congress updated the Toxic Substances Control Act, asbestos legal giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In 2019, the EPA took a major step towards the ban when it issued an ordinance that strengthened the agency's ability to stop asbestos-containing products from resurfacing on the marketplace.

However, trade organizations are attempting to stop the EPA's plan to prohibit asbestos. They argue that a ban will affect the country's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their argument. They're also reaching out to legislators with ties to asbestos settlement.

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 be involved until the EPA prohibits the dangerous and deadly substance in the United States. This is an important step towards ensuring 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 have asbestos

Asbestos is minerals that are naturally occurring and are laid out into long, thin fibres. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These properties made these materials useful in a variety of industrial products such as insulation.

Because asbestos is so versatile, it is used in a variety of household and commercial products. Examples include vinyl floor tiles as well as insulation for pipes and Asbestos Legal boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibres into air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases have a lengthy latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. The majority of the time asbestos in good state will not release any fibers unless disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you're planning to remodel your home and disturb it in any way, it is recommended to seek out an asbestos abatement professional to conduct a more thorough inspection.

If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, you should seek advice from a physician. They can order a variety of tests to see whether you're experiencing symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment in which you are exposed to asbestos, your employer must give you information on how to contact an asbestos removal contractor. Contact an environmental inspection company to examine your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, as long as the proper precautions are followed. This is why asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must abide by federal and state regulations on the manner in which they do it. This includes covering and removing all waste resulting from the project. Improper handling and disposal asbestos can put workers and general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to prevent this from happening.

Asbestos that is in good condition and can't be disturbed may not pose any health risks. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected prior to begin work. This will allow a professional to determine if the material needs to be removed prior to starting any work. It will also ensure it is properly handled, packed, labeled and transported according to the guidelines of the government.

It is unlawful for anyone to work on asbestos without a valid license Anyone who does not comply with these regulations face severe penalties. If you suspect that improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.

In the process of removing asbestos, the material must be kept moist all the time to limit the release of airborne fibers. This can be accomplished by spraying the material with a detergent or water mist prior to removing it. Once the asbestos has been removed, it should be put into plastic bags or tarps that are double-wrapped with tape. This material should be clearly identified as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Alternately small areas of asbestos that are in good condition can be covered with commercially-made products designed to repair holes and seal damages. They are available in stores which specialize in asbestos materials and safety items. For more details on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.