Is Asbestos Legal?

Congress has approved several incremental legislation plans, despite the fact that asbestos is still banned. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included Asbestos Law on the EPA's priority list of chemicals that require risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state however, in general, property owners are obliged to keep their properties secure and warn workers of any possible dangers.

The Law

Asbestos is a class of 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, however, can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos is found in more than 3,000 products. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A professional can help you determine what steps to take if this material is present on your property and work with an abatement contractor should it be necessary.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims may seek damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and can advise on whether this theory is applicable to your case. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This obligation can extend to the owners of buildings where asbestos is used when it is believed that the buildings are utilized by third party employees.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that make this decision are required to fund "bankruptcy funds" which pay injured victim's pennies based on their past losses. This system has been criticized due to its lack of transparency and the fact that it does not pay future workers' compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund to compensate victims of litigation. This legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it is 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 it's known to cause cancer in any quantity. Our lawyers and the rest the world's anti-asbestos movement continue to work daily to address this issue.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of all asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for different purposes.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step towards a ban in 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing items from returning to the market.

Trade groups are attempting to stop the EPA's plan to stop asbestos from being used in construction. They argue that asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are safer options in place of asbestos. They have hired experts and consultants to aid them in making their argument. They are also reaching out to lawmakers with ties to asbestos.

Our firm has been fighting this battle for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step in ensuring that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their durability, flexibility, and resistance to fire and chemicals. These properties made these materials useful in a variety of industrial products such as insulation.

Asbestos can be found in a variety of household and building items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, and other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases like mesothelioma or 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 that they may have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. 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 disturb it in any way, you must consult an asbestos abatement specialist for a second inspection.

If asbestos is in good health there is no need to get rid of it. Consult your physician if you are worried about your health. They can conduct various tests to determine whether you suffer from symptoms that are related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers 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-containing structure the employer has to provide you with the information needed to reach a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos removal is safe when you follow the correct precautions. For this reason, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, they must abide by state and federal regulations regarding the manner in which they do it. This includes covering and disposing of all waste generated by the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. This is why strict regulations are in place to prevent this from happening.

Asbestos that is in good shape and won't be disturbed might not pose any health risk. It is however recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before beginning any work. This will permit the professional to determine if the material needs to be removed prior to beginning any work. It will also ensure that it is handled, packaged and labeled, transported and disposed of in compliance to the rules of the government.

It is unlawful for anyone to work in asbestos without a license and those who break these rules face large fines. If you suspect that asbestos has not been properly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos, the material should be kept moist all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a mist of water or detergent prior to removing it. After the asbestos has been removed, it has to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

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