Is Asbestos Legal?

Congress has approved several incremental legislation plans despite the fact that asbestos is still banned. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals to be reviewed and assessed for risk.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws vary from state to state, but in general property owners are required to keep their buildings safe and warn workers of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a licensed inspector should check the area. A professional can advise you on what steps to take should asbestos be found within your home or workplace and collaborate with an abatement company should it be necessary.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be established and instead relies on the fact that a product was inherently hazardous.

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

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that comply with this procedure are required to pay "bankruptcy funds" which pay injured victim's pennies based on their losses in the past. This system has been criticized for its lack of transparency and the fact that it doesn't cover workers' future compensation.

In a bid to protect the public, Congress has considered but failed to pass legislation to establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. The bill would have taken money 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 thought asbestos was banned since it is no longer a widely used building material. However it's true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any amount. This is an issue that our lawyers and the international anti-asbestos movement continue to fight every day.

In 1989, the EPA issued a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and buy it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list that requires an assessment of risk. In 2019, the EPA took a major step towards a ban when it released an act that strengthened the agency's capacity to stop asbestos-containing product from returning to the marketplace.

Trade groups are trying to block the EPA from bans on asbestos. They argue that a ban on asbestos would affect the supply of chlorine in the country and argue that there are alternatives than asbestos. They have hired experts and consultants to make their case and are now turning to lawmakers who are connected to asbestos's industry.

This is a fight that our firm has been involved in for over 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and dangerous substance in the United States. This is an important step in ensuring that no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is a grouping of minerals that naturally occur and are arranged into long, thin fibres. These materials are known as being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products including insulation.

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

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung diseases such as asbestosis or mesothelioma. These diseases have a lengthy latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you are planning to make changes to your home or alter the material in any way, it is recommended to consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good shape there is no reason not to remove it from your home. If you are concerned about your health, you should consult with a physician. They can perform various tests to determine if you have symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you work in an asbestos-containing building your employer is required to provide you with the information needed to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. The experts can examine and test your home.

How to Get Asbestos Out

Asbestos can be safely removed provided that the proper precautions are followed. Asbestos removal must be performed by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering up any waste generated during the process and properly disposing it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. To avoid this strict rules have been put in place.

Asbestos that is in good condition and won't be disturbed might not pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected prior to begin the work. This will allow the professional to determine whether the material must be abated before starting any work. It will also ensure that it is handled, packaged and labeled, transported and disposed of in accordance with government regulations.

It is illegal to work with asbestos without a license and those who break these rules face large fines. If you suspect that improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

When removing asbestos, the material should be kept wet throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray can help in this. After the asbestos is removed, it must be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These products are sold in stores that specialize on asbestos-related products and safety gear. For more details on how to properly cover asbestos legal and dispose of it learn about how to remove Asbestos.