Is Asbestos Legal?

Although asbestos is still banned, various legislative proposals that are incremental have churned through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization 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 between states, however, generally, property owners are required to keep their premises secure and warn workers of any possible dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once used in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can lead to serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3000 products. A certified inspector should examine your workplace or home if you suspect that it might contain asbestos. A professional can help you determine what should be done if this material is present in your home and will work with an abatement contractor should it be necessary.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, the victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain the various types of strict liability and negligence and will be able to advise you if this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees as well as adequate education in safety. This obligation can be extended to owners of buildings who employ asbestos when they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who do this are required to fund "bankruptcy funds" that pay injured victims pennies on their previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not cover workers' future compensation.

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

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it's no longer a widely used building material. The United States is one the few industrialized nations which do not have a ban on asbestos legal, despite its proven cancer-causing properties. Our lawyers and the world's anti-asbestos activists continue to work daily on this issue.

The first step towards a ban came in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the substance and purchase it from mining operations.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. The EPA took a further step towards a complete ban in 2019, when it released a final rule that bolsters the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are trying to prevent the EPA from bans on asbestos. These groups claim the asbestos ban would threaten the country's chlorine supply and claim that there are alternatives in place of asbestos. They have hired consultants and experts to assist them in making their argument. They are also turning to lawmakers who have ties to asbestos.

Our company has been fighting this battle for more than 15 year. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant move to ensure that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to tell if you Are Suffering from Asbestos

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

Because asbestos is so versatile, it's used in a variety of household and industrial products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential building, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, Asbestos Legal 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 atmosphere. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases like mesothelioma and asbestosis. These lung diseases have a long duration of incubation, and sufferers might not feel symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Asbestos that is in good condition is unlikely to release any fibers until it is disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning to remodel your home that could affect it, you should check an asbestos abatement expert for further inspection.

If asbestos is in good condition, there is no need to eliminate it. Consult your physician if you are worried about your health. They can perform a variety of tests to see if you are experiencing symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos attorney-rich building, your employer must provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to assess your home. The experts can examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed as long as the proper precautions are followed. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos-containing materials from their home, they must abide by federal and state regulations on how to complete the task. This includes covering all waste generated by the project and disposing it. Unsafe handling and disposal of asbestos can expose workers and the general public to asbestos-related diseases such as lung cancer and mesothelioma. This is the reason strict regulations are in place to prevent this from occurring.

If asbestos is in good condition and is not disturbed, it may not be a health risk. However, it is recommended that you have any ACM that could be affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will allow a professional to determine if the material requires removal prior to commencing any work. It will also ensure that it is handled, packed, labeled and shipped in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is violating the law and those who violate it face heavy fines. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material should be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the material with a mist of detergent and water prior to removing it. After the asbestos has been removed, it must be stored in plastic bags or tarps double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste, and disposed in a leak-proof car.

You can also protect small areas of asbestos in good condition by using commercial products that can fill holes and seal damages. These products are available in stores that specialize on asbestos materials and safety equipment. For more information about how to cover and dispose of asbestos Learn How to Remove Asbestos.