Is Asbestos Legal?

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

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, but generally, property owners are obliged to keep their properties secure and inform workers of any potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in construction due to its fire-resistant chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. The symptoms can take between 15 and 30 years to appear after exposure. Even in the present, 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 qualified professional can help you decide what to do when asbestos is found within your home or workplace and can work with a contractor when needed.

You can file a suit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain the different types of negligence and strict liability and Asbestos Legal can advise on whether this theory is applicable to your case. The law also requires employers to provide secure working conditions and safety training for employees. This obligation can be extended to building owners who use asbestos if they know that employees from third parties will be using the structures.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do this are required to pay "bankruptcy funds" which pay injured victims pennies for their past losses. This system is criticized for the lack of transparency and because it does not cover future compensation.

Congress was able to consider but could not approve, legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was prohibited because it's no longer a widely used building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. This is a matter that our lawyers and the rest of the world's anti-asbestos movement continue to work on each day.

In 1989 the year 1989, EPA issued a regulation that prohibited the production, importation, and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos is now on the list of substances that require an assessment of risk. In 2019, the EPA made a significant step towards an asbestos ban when it published a rule that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups are trying to stop the EPA's efforts to ban asbestos. These groups claim that a ban will affect the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to argue their case and are now turning to legislators who have ties to asbestos's industry.

This is a battle our company has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step towards ensuring that there are 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 collection of minerals that naturally occur and are formed into long, fine fibres. These materials are known for their strength, flexibility and resistance to chemical and fire. These qualities made them useful in a variety of industrial products including insulation.

Asbestos is used in many different types of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. These diseases may have a long latency time, and victims might not experience symptoms for 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their home. In most cases asbestos legal 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 home remodel that could disturb it, you should consult an asbestos abatement expert for a more thorough examination.

If asbestos is in good shape, there is no need to eliminate it. Consult your doctor if you are worried about your health. They can conduct various tests to determine if there are symptoms related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. In addition the state laws require public employees to receive the same protections. If you work in a public facility where you are exposed to asbestos, your employer should provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to evaluate your home. They will test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is secure if you follow the correct precautions. As a result, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering all waste generated during the process and properly disposing it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is the reason strict regulations are in place to stop this from happening.

Asbestos that is in good condition and is not disturbed could be safe for health. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you start the work. This will allow a professional to determine whether the material requires abatement before beginning any work. It will also ensure that it is handled wrapped, labeled, and transported in compliance with the guidelines of the government.

Anyone who uses asbestos without a permit is in violation of the law and those who violate it are liable for heavy fines. If you suspect that improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

During the removal of asbestos, the material needs to be kept wet throughout the process to prevent the release of airborne fibers. Spraying the material prior to taking it off with a water/detergent spray can help in this. Once asbestos has been removed, it must be placed in thick plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and then disposed in a leak-proof car.

Additionally small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal any damage. These are available at stores that specialize in asbestos products and safety products. For more information on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.