Is asbestos legal (view publisher site)?

Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on 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, in general, property owners are required to keep their buildings safe and notify workers of the potential hazards.

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. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos is found in over 3,000 different products. If you are concerned that your home or workplace may contain asbestos, a licensed inspector should check the area. A professional can advise you on what you should do when asbestos is found in your workplace or home and will collaborate with a contractor when needed.

You can bring a lawsuit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims might be able seek damages on the basis of strict liability. This type of claim removes the need to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types and advise you if this theory applies to your particular situation. The law also requires that employers provide secure working conditions and safety education to employees. This obligation could be extended to building owners who use asbestos if they are aware that employees from other companies will be using those buildings.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. This system is often criticized for the lack of transparency and because it doesn't cover future compensation.

In a bid to protect the public, Congress has considered but failed to pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. This bill would have tapped funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed asbestos was banned since it's no longer a commonly used building material. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos, despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos movement continue to work day in and day out to address this issue.

In 1989, the EPA issued a rule which prohibits the importation, production and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining companies.

In 2016 Congress changed the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list of chemicals that require an assessment of risk. The EPA made another significant step towards a ban in 2019, when it announced a final rule that strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are trying to block the EPA from banning asbestos. These groups argue that a ban would jeopardize the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case and are looking to legislators who have ties to asbestos's industry.

Our company has been fighting this fight for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the dangerous and deadly substance in the United States. This is an important move to ensure that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is made up of a collection of minerals that naturally occur and are organized into long, thin fibers. These materials are known for their flexibility, strength and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products, including insulation.

Asbestos can be found in a variety of household and building products. Vinyl floor tiles 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 and shingles, insulation for furnaces, pipes, and 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 asbestosis or mesothelioma. These diseases may have a long time of latency and sufferers may not show symptoms for up to 20 years after exposure.

Many people are worried that they may have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is disturbed. Homeowners should check 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 to conduct an additional inspection.

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

Private employers are required by the Occupational Safety and Asbestos Legal Health Administration to ensure their employees are protected from asbestos exposure. Additionally the state laws require public employees to be provided with the same protections. If you work in an asbestos-containing building your employer must provide you with the information needed to find a contractor that can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the appropriate precautions. Because of this, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, he or she must adhere to all state and federal regulations. This includes properly covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos compensation 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 guidelines have been put in place.

Asbestos in good health that will not be disturbed may not pose a health risk. However, it is advised that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos expert prior to starting the work. This will enable a professional to determine whether the material requires removal prior beginning any work. It will also make sure that it is handled in a safe manner, packaged, labeled and shipped in accordance with the guidelines of the government.

It is illegal to work with asbestos without a permit, and those who violate these rules can face substantial fines. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

During the removal of asbestos, the material needs to be kept moist all the time to limit the release of airborne fibers. Spraying the asbestos prior taking it off with a water/detergent spray can help in this. After the asbestos has been removed, it should be placed in thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and then disposed in a leak-proof car.

Additionally small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal any damage. These products are available in stores that specialize in asbestos materials and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.