Is Asbestos Legal?

Congress has approved a variety of incremental legislations, despite the fact that asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to The EPA's list of chemicals that are most important for review and risk assessment.

Property owners are also accountable for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, generally property owners must keep their buildings safe and notify workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos can be found in more than 3,000 items. A qualified inspector should check your home or work place if you suspect that it might contain asbestos. A professional can advise you on what needs to be done if this material is present within your home or workplace and collaborate with an abatement company in the event of a need.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving the defendant's negligence is a challenge. In some instances, victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be established and instead relies on the fact that a product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of negligence and inform you if this theory applies in your case. Employers are also required to offer safe working conditions for their employees, and to provide adequate education in safety. This obligation could be extended to owners of buildings who use asbestos compensation if they are aware that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

Congress looked at but did not adopt legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and some Americans might have believed asbestos was banned. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to fight every day on this issue.

The first step towards a ban came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of the majority of asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. The EPA made another significant step toward a ban in 2019 when it issued the final rule, which strengthens the agency's ability to stop asbestos-containing items from returning to the market.

Trade groups are trying to block the EPA from banning asbestos. They argue that the ban on asbestos will harm the nation's supply of chlorine and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to to make their case and are now looking to lawmakers with ties to asbestos companies.

This is a battle our firm has been involved in for over 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly substance in the United States. This is a crucial step in ensuring that 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 have Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These materials are known as being strong, flexible and resistant to chemicals and fire. These properties made them useful in a variety of industrial items, including insulation.

Because asbestos is extremely versatile, it's utilized in a variety of household and building items. Examples include floor tiles made of vinyl insulation for pipes and 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, Asbestos Legal and numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases have a lengthy time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibres unless they are disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material appears slightly damaged or if you're planning to remodel your home and disturb it in any way, you should consult an asbestos removal expert for a thorough examination.

If asbestos is in good shape, there is no need to get rid of it. If you are concerned about your health, consult with a physician. They can recommend a range of tests to determine if you are experiencing symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. In addition, state laws require public employees to receive the same protections. If you work in a public facility where you are exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to assess your home. They can conduct a test on your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos removal is safe if you take the appropriate precautions. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must follow federal and state laws regarding the manner in which they do it. This includes properly covering and removing all waste resulting from the project. Improperly handling and disposing of asbestos could expose workers and the general public to asbestos-related ailments, like lung cancer, and mesothelioma. This is why strict rules are in place to stop this from happening.

Asbestos in good condition that won't be disturbed might not pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected prior to start the work. This will allow the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is handled, packed, labeled, transported, and then disposed of in accordance with regulations set by the government.

Anyone who uses asbestos without a permit is breaking the law, and violators face severe penalties. If you suspect that improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

When removing asbestos, the material must be kept moist constantly to minimize the release of airborne fibers. Spraying the material before removal with a detergent or water spray can aid in this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste and removed in an enclosed vehicle that is leak-proof.

Alternatively, small areas of asbestos in good condition can be covered with commercially-made products designed to make holes or seal the damage. These products are available at stores that specialize in asbestos compensation-related materials and safety equipment. Find out How to Remove Asbestos for more information about how to dispose and cover asbestos in a safe manner.