Is Asbestos Legal?

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

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary from state to state however, generally property owners must keep their buildings safe and warn workers of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that once were popular in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or home might contain asbestos, a certified inspector should check the area. A qualified professional can help you decide what to do should asbestos be found in your workplace or home and will collaborate with a contractor should it be necessary.

It is possible to file an asbestos compensation lawsuit against the producer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain instances, victims can claim damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead rely on the fact that a product was inherently dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and can advise on whether this theory is applicable to your case. The law also requires that employers provide secure working conditions and safety education to employees. This requirement can be extended to owners of buildings who use asbestos, if they are aware employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

In an effort to safeguard the public, Congress has considered but did not pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. This legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is asbestos law Banned In The U.S.

Many Americans may have believed asbestos was banned since it's no longer a widely used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its well-known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work daily to address this issue.

The first step towards prohibition came in 1989, when the EPA issued a rule banning the importation, manufacturing and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos continues to be used in a variety of manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for other purposes.

In 2016 Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. In the year 2019, EPA took a major step towards an end to asbestos when it announced an act that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are trying to prevent the EPA from bans on asbestos. They claim that the asbestos ban would threaten the country's chlorine supply and claim that there are better alternatives than asbestos. They have hired consultants and experts to aid them in making their case. They are also reaching out to legislators with ties to asbestos.

Our firm has been fighting this fight for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if have asbestos

Asbestos is an assortment of naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their durability, flexibility, and resistance to chemical and fire. These qualities made them useful in a variety of industrial products like insulation.

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

When asbestos is disturbed, it releases dangerous fibres into the atmosphere. Inhaling asbestos fibers can result in serious lung diseases like asbestosis or mesothelioma. These diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Most 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 to be damaged or you are planning a remodel that could disturb it, you should consult with an asbestos removal specialist for a more thorough inspection.

If asbestos is in good shape there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can recommend a range of tests to determine whether you are 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. In addition states' laws oblige public employees to have the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. Asbestos removal should be performed by experts who have been trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must follow all state and federal regulations. This involves properly covering and removing any waste from the project. Unsafe handling and disposal of asbestos can expose workers and the public to asbestos-related diseases, like lung cancer and mesothelioma. To prevent this, strict regulations have been put in place.

If asbestos is in good shape and will not be disturbed, it may not cause health risks. However, it is highly recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos expert prior to beginning any work. This will permit the professional to determine whether the material must be sprayed prior to starting any work. It will also ensure that it is handled, packed and labeled before being 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 those who do face heavy fines. If you suspect that asbestos was not properly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material needs to be kept moist at all times to reduce the release of airborne fibers. Spraying the asbestos prior to getting rid of it using a detergent or water spray will aid in this. After the asbestos has been removed, it must be placed in thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste and removed in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos that are in good condition with commercial items that seal holes and repair damage. They are available in stores that specialize in asbestos materials and safety products. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.