Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have churned through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the The EPA's list of chemicals that are most important to be reviewed and assessed for risk.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, but in general property owners are required to keep their premises safe and inform workers of the potential hazards.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously used in construction as it was fire resistant as well as chemical corrosion resistant and insulation. Inhaling asbestos fibers, however, can cause serious health issues, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 items. If you think your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can determine what to do if asbestos is present in your workplace or at home and work with a contractor if needed.

It is possible to start an asbestos lawsuit against the producer of asbestos compensation-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims may be able to seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established however, instead it relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide information on the various types of strict liability and negligence and will be able to advise you if this theory applies to your particular situation. The law also requires employers to provide secure working conditions and safety education to employees. This requirement can also apply to the owners of structures where asbestos is used when it is believed that those buildings will be used by employees of a third party.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system is criticized for its lack of transparency, and since it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but did not pass legislation that would establish a $140 billion asbestos trust fund to replace litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't 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's true that the United States is one of the few industrialized nations that does not ban asbestos, despite the fact that asbestos has been proven to cause cancer in any quantity. This is a problem that our lawyers and the rest of the international anti-asbestos movement continue to work on every day.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the production, importation and processing of the majority of asbestos-containing products. However chemical companies sued and the court ruled in favor of the majority of the ban. Asbestos is still being used in some manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other purposes.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. In 2019, the EPA took a major step towards an asbestos ban when it published an act that strengthened the agency's capacity to stop asbestos-containing product from returning to the market.

Trade groups are once again trying to block the EPA's effort to ban asbestos. The trade groups argue that a ban will affect 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 make their case and are looking to lawmakers with ties to asbestos-related industries.

Our firm has been fighting this fight for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and harmful substance in the United States. This is a major move to ensure that nobody else Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is an assortment of minerals that are naturally occurring and are organized into long, thin fibres. These minerals are renowned for their toughness, flexibility and resistance to chemicals and fire. These properties made these materials useful in a range of industrial products including insulation.

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

When asbestos is disturbed it releases harmful fibers into the atmosphere. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These lung diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Asbestos in good shape will not release fibers until it is disturbed. Inspect the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you're planning to remodel your home and alter it in any way, you should consult an asbestos removal expert for a thorough examination.

If asbestos is in good shape, there is no reason not to remove it from your home. See your doctor if are concerned about your health. They can conduct a variety of tests to determine whether you are suffering from symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. In addition the laws of the state oblige public employees to have the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with the information needed to connect with a contractor who can remove asbestos. You should also contact an environmental inspection company to assess your home. These professionals can test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos removal is safe when you take the appropriate precautions. As a result, 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 eliminate asbestos from their home, he or she must comply with all federal and state regulations. This includes covering and removing all waste from the project. The improper handling and disposal of asbestos can expose workers and the public to asbestos-related diseases, such as lung cancer and mesothelioma. This is the reason strict regulations are in place to prevent this from happening.

Asbestos in good condition that will not be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you begin work. This will allow a professional to determine whether the material requires removal prior to beginning any work. It will also ensure it is handled, packed, labeled and transported according to the government regulations.

Anyone who uses asbestos without a permit violates the law and those who violate it face severe fines. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it's important to keep the material wet during the removal process. Spraying the asbestos prior removing it with a water/detergent spray can aid in this. Once the asbestos has been removed, it has to 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 vehicle.

In addition small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. For more details on how to properly remove asbestos Learn How to Remove Asbestos.