Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws differ between states, but generally property owners are required to ensure their buildings are secure and warn workers of any possible dangers.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was once used in construction as it was fire-resistant as well as chemical corrosion resistant and insulation. However, inhaling asbestos fibres can lead to serious health issues, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos is found in more than 3,000 products. A certified inspector should examine your workplace or home if you suspect that it might contain asbestos. A qualified professional can help you decide what you should do if asbestos is present in your workplace or home and will work with a contractor should it be necessary.

It is possible to file an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some instances, the victims can seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved and instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can explain the strict liability, negligence and the different types and advise whether this theory applies in your situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate education in safety. This obligation can extend to owners of buildings where asbestos is utilized in the event that it is established that those buildings will be utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. The system is criticized for the lack of transparency and since it doesn't cover future compensation.

Congress was able to consider but failed to pass legislation that would have created an investment fund of $140 billion for asbestos lawyer as a substitute for litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought asbestos was banned since it is no longer a common building material. However it is true that the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact asbestos has been proven to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day to address this issue.

In 1989, the EPA issued a regulation that prohibited the manufacture, importation and processing of asbestos-containing products. However chemical industry filed a suit and the court overturned the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and buy it from mining operations.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. The EPA made another significant step towards a ban in 2019 when it issued a final rule that strengthens the agency's capability to prevent asbestos-containing products from returning to the market.

Trade groups are attempting to prevent the EPA from bans on asbestos. These groups claim that a ban could threaten the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them build their argument. They're also looking on lawmakers who have connections to asbestos.

Our firm 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 be involved until the EPA is able to ban the deadly and dangerous substance in the United States. This is a significant step towards ensuring that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is made up of a grouping of minerals that naturally occur and are formed into long, fine fibers. These materials are regarded as being strong, flexible and resistant to chemicals and fire. These properties make them useful in a number of industrial products, such as insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. Inhaling these tiny fibers can get into the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These diseases can have a long time of latency and sufferers may not be symptomatic for 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Asbestos in good condition is unlikely to release any fibers until it is disturbed. Check the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a renovation which could impact it, you should check with an asbestos specialist for a more thorough examination.

If asbestos is in good shape there is no reason why you should remove it from your home. Talk to your doctor if are worried about your health. They can conduct a variety of tests to determine if you are experiencing symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection company to evaluate your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. Asbestos removal is best done by experts who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, he or she must follow all state and federal regulations. This includes properly covering any waste generated by the project, and then disposing of it. Improper handling and disposal asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. To avoid this strict regulations have been put in place.

If asbestos is in good shape and isn't disturbed, it should not cause health risks. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected prior to start the work. This will permit the professional to determine if the material needs to be removed prior to commencing any work. They will also ensure that it is handled, packed, labeled, transported, and disposed of in accordance with regulations set by the government.

Anyone who is working with asbestos without a permit is violating the law and those who violate it are subject to heavy penalties. If you suspect that asbestos has been improperly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into the air, it is essential to keep the material hydrated throughout the removal process. This can be achieved by spraying the asbestos with a water/detergent mist before removing it. Once asbestos has been removed, it is stored in plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos in good condition with commercial items that seal holes and repair damage. These products are available at stores that specialize in asbestos-related products and safety gear. For more details about how to cover and dispose of asbestos Learn How to Remove Asbestos.