Is Asbestos Legal?

Although asbestos is still banned, several legislative proposals with incremental provisions have been tossed around Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to 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. The laws vary from state to state, however, generally, property owners are required to ensure their buildings are secure and warn workers of any dangers that could be present.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is found in more than 3000 products. A qualified inspector should inspect your home or work place in the event that you suspect it could contain asbestos. A qualified professional can help you decide what to do should asbestos be found in your home or Asbestos Legal workplace and will collaborate with a contractor when needed.

It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the different kinds of strict liability and negligence and can advise on whether this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and safety training to employees. This obligation may extend to owners of structures where asbestos is used if it is known that those buildings will be used by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that comply with this procedure are required to pay "bankruptcy funds" that pay injured victims pennies on their past losses. This system is criticized for its lack of transparency and since it doesn't cover future compensation.

Congress considered but failed to pass legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Many Americans might have believed that asbestos was banned because it is no longer a commonly used building material. The United States is one the few industrialized countries that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work daily on this issue.

In 1989, the EPA issued a rule which prohibits the importation, production, and processing of asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it for other purposes.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos is now on the list that requires a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued an act that strengthened the agency's capacity to stop asbestos-containing product from returning to the market.

Trade groups are trying to block the EPA from prohibiting asbestos. They claim that asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are safer options than asbestos. They have hired consultants and experts to assist them in making their case. They're also reaching out to lawmakers who have ties to asbestos.

Our firm has been fighting this battle for more than 15 year. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if you Are Infected with Asbestos

Asbestos is one of the naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products like insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the atmosphere. Inhaling the fibers can trigger serious lung diseases like asbestosis or mesothelioma. These lung diseases have a long time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning to remodel your home which could impact it, you should speak with an asbestos removal specialist for further examination.

If asbestos is in good health, there is no need to remove it. See your doctor if are concerned about your health. They can conduct various tests to determine if you have symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you work in an asbestos legal-rich building your employer must provide you with information on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must follow all federal and state regulations. This includes covering and disposing of all waste generated by the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To stop this from happening strict regulations have been enacted.

Asbestos in good health that is not disturbed could not pose any health risks. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you begin the work. This will permit the professional to determine whether the material must be sprayed prior to starting any work. They will also ensure that it is treated, packaged and labeled, transported and disposed of in compliance with government regulations.

Anyone who is working with asbestos without a permit violates the law. Those who break it face heavy fines. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it is essential to keep the material wet throughout the removal process. Spraying the material prior to getting rid of it using a detergent or water spray can aid in this. After the asbestos is removed, it must be placed in thick plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Alternatively, small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal damage. These products are available in stores that specialize on asbestos materials and safety equipment. See How to Remove Asbestos for more information on how to cover and dispose asbestos safely.