Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.

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 potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 products. If you are concerned that your home or workplace may contain asbestos, a qualified inspector should be able to inspect the area. A professional can tell you what you should do when asbestos is found in your workplace or at home and will collaborate with a contractor should it be necessary.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove a defendant's fault. In certain cases, victims can seek damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and is based on the fact that the product was dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise you if this theory is applicable to your situation. The law also requires employers to provide safe working conditions and adequate safety training for employees. This obligation could be extended to property owners who employ asbestos if they know that third-party employees will use those buildings.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who use this method are required to pay "bankruptcy funds" which pay victims of injury pennies on their past losses. This system is criticized for the inconsistency of the system, and because it doesn't cover future compensation.

Congress was able to consider but failed to pass legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for compensation. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in construction materials, and a lot of Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized countries that do not prohibit asbestos attorney despite its known cancer-causing properties. This is a matter that our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.

In 1989, the EPA issued a rule that banned the importation, manufacture and processing of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are trying to block the EPA from bans on asbestos. They claim that asbestos bans would harm the nation's supply of chlorine and argue that there are alternatives in place of asbestos. They have hired experts and consultants to help them build their case. They are also reaching out to lawmakers who have ties to asbestos.

Our firm has been fighting this battle 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 is able to ban the deadly and harmful substance in the United States. This is a significant step to ensure that no other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. They are known for their flexibility, strength and resistance to chemicals and fire. These qualities make them ideal in a variety of industrial items, including insulation.

Because asbestos is so versatile, it's used in a range of household and industrial items. Some examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces as well as other common building materials.

When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaled fibers can cause serious lung diseases such as mesothelioma or asbestosis. These diseases may be long-lasting and sufferers may not show symptoms for 20 to 50 years following exposure.

Many people are worried about asbestos in their homes. In most cases, asbestos in good condition will not release fibres unless disturbed. Check the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to remodel your home and alter the material in any way, it is recommended to consult an asbestos abatement specialist for a second inspection.

If asbestos is in good shape, there is no need to remove it. If you are concerned about your health, you should seek advice from a physician. They can order a variety of tests to determine whether you're suffering from symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility, your employer must provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental company to assess your home. The experts can test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed, provided the proper precautions are taken. This is why asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, he or she must follow all state and federal regulations. This includes properly covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To prevent this strict guidelines have been enacted.

If asbestos is in good shape and is not affected, it will not be a health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you start the work. This will enable a professional to determine if the material needs to be removed prior to beginning any work. It will also ensure it is handled, packed, labeled and transported in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit violates the law, and violators are subject to heavy fines. If you suspect improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.

To prevent the release of fibers into air, it is important to keep the material wet throughout the removal process. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to removing it. Once asbestos has been removed, it must be placed in heavy plastic bags or tarps double-wrapped and sealed with tape. This material should be clearly marked as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos that are 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 equipment. Learn How to Remove Asbestos for more information on how to dispose and cover asbestos in a safe manner.