Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have churned through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws vary between states, however, in general, property owners are required to ensure their buildings are secure and warn workers of any dangers that could be present.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however they can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3000 products. If you think your workplace or home might contain asbestos litigation, a qualified inspector should check the area. A professional can help determine what must be done when asbestos is found on your property and work with an abatement contractor if necessary.

You can file a suit against the manufacturer if they manufacture asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove 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 types of strict liability and negligence and will advise you on whether this theory is applicable to your case. Employers are also required to offer safe working conditions for their employees, and to provide adequate training in safety. This obligation may extend to owners of buildings that are constructed with asbestos when it is determined that the building will be used by third party employees.

Many asbestos producers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund special "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.

Congress was able to consider but failed to pass legislation that would have established an $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned In The U.S.

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

In 1989 in 1989, the EPA issued a rule that prohibited the production, importation, and processing of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA made another significant step towards a ban 2019, when it released a final rule that strengthens the agency's capability to prevent asbestos-containing items from returning to the market.

However, trade organizations are trying to stop the EPA's efforts to ban asbestos. These groups argue that a ban could threaten the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case, and they are turning to lawmakers who have ties to asbestos's industry.

Our company has been fighting this battle for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a major step to ensure that there are no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to determine if you have Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products such as insulation.

Asbestos is a component in a variety of household and building items. Vinyl floor tiles boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are a few examples. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases can be long-lasting and patients may not be symptomatic for a period of 20 to 50 years following exposure.

Many people worry that they might have asbestos in their home. Most of the time asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material appears slightly damaged, or if you plan to renovate your home and disturb it in any way, consult an asbestos removal expert for a second inspection.

If asbestos is in good shape there is no reason to remove it from your home. If you are concerned about your health, you should consult a doctor. They can conduct various tests to determine if you have symptoms that are related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. In addition, state laws oblige public employees to have the same protections. If you are employed in an asbestos-containing facility, your employer must provide you with details on how to reach a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. They will test and visually inspect your home.

How to Get Asbestos Out

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 licensed and trained in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, they must follow all state and federal regulations. This includes covering and disposing of all waste from the project. The improper handling and disposal of asbestos could expose workers and others to asbestos-related diseases, like lung cancer, and mesothelioma. This is why strict guidelines are in place to prevent this from happening.

If asbestos is in good condition and has not been affected, it will not be a health risk. It is however recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos professional before beginning any work. This will permit the professional to determine whether the material must be removed prior to beginning any work. They will also ensure that it is properly handled, packaged and labeled before being transported and disposed of according with the regulations of the government.

It is unlawful for anyone to work with asbestos without a permit, and those who violate these rules face large fines. If you suspect that asbestos has been improperly removed from your property, call your local environmental department or state quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into air, it is essential to keep the material moist during the removal process. This can be achieved by spraying the asbestos with a detergent or water mist prior to removing it. Once the asbestos is removed, it is placed in large plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition by using commercial products that fill holes and seal damage. These are available at shops which specialize in asbestos materials and safety equipment. For more information about how to remove asbestos, see How to Remove Asbestos.