Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.

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

The Law

Asbestos is an assortment of naturally occurring minerals. It was previously used in construction as it was fireproof, chemical corrosion resistant and an insulator. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms may appear 15-30 years later. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A professional can help determine what must be done should asbestos be found on your property and work with an abatement contractor in the event of a need.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In certain cases, victims may pursue damages based on a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that a product was a risk in itself.

An asbestos lawyer can explain strict liability, negligence, and the different types and advise you on the possibility of applying this theory in your situation. The law also requires employers to provide safe working conditions and safety training for employees. This obligation can be extended to building owners who use asbestos if they know that third-party employees will use the buildings.

Many asbestos producers avoided liability through bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system is criticised for the lack of transparency and because it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation to establish a $140 billion asbestos trust fund to replace litigation. The bill would have tapped funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have believed that asbestos was banned because it's not a typical building material. However the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact asbestos is known to cause cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to work day in and day out on this issue.

The first step toward a ban came in 1989, when the EPA issued a rule banning the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. The EPA took a further step towards a complete 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. They argue that the asbestos ban would be a threat to the supply of chlorine in the United States and argue that there are alternatives to asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers with ties to asbestos-related industries.

This is a battle our firm has been involved in for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the dangerous and deadly substance in the United States. This is a huge step to ensure that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is an assortment of minerals that naturally occur and are laid out into long, thin fibers. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products like insulation.

Asbestos is utilized in a variety of household and building items. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes, and asbestos other common building materials.

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

Many people are concerned that they may have asbestos in their homes. The majority of the time asbestos in good condition will not release fibres unless they are disturbed. Check the material for water damage, abrasions or tears. If the material appears slightly damaged, or if you plan to renovate your home and alter it in any way, consult an asbestos removal expert for a second inspection.

If asbestos is in good condition there is no need to get rid of it. Talk to your doctor if are concerned about your health. They can order a variety of tests to see whether you're suffering from symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-rich building your employer must provide you with details on how to find a contractor that can remove asbestos. Contact an environmental inspection company to evaluate your home. They can examine and test your home.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper precautions are taken. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow the federal and state regulations for how the work is done. This includes properly covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos can expose people and workers to asbestos-related diseases, such as lung cancer and mesothelioma. To avoid this strict rules have been enacted.

Asbestos that is in good shape and won't be disturbed might be safe for health. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition examined prior to you begin the work. This will allow an expert to determine whether the material requires abatement before starting any work. It will also ensure it is properly handled, packed, labeled and transported in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is breaking the law, and those who do face heavy fines. If you suspect that improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

To limit the release of fibers into the air, it's important to keep the material wet during the removal process. Spraying the material prior to removal with a detergent or water spray can aid in this. After the asbestos is removed, it has to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and then disposed in a leak-proof car.

Alternatively small areas of asbestos that are 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-related products and safety equipment. For more details about how to cover and dispose of asbestos, see How to Remove Asbestos.