Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been tossed around 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 for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, in general, property owners must ensure that their structures safe and inform workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however, can cause serious health issues, including asbestosis, lung cancer and mesothelioma. The symptoms may take 15 to 30 years to develop after exposure. Even today, asbestos can be found in more than 3,000 items. A qualified inspector should inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can tell you what steps to take should asbestos be present within your home or workplace and work with a contractor if needed.

You can file a suit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims may claim damages under a theory of strict liability. This type of claim removes the need to prove the four elements of negligence and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of negligence and inform whether this theory applies in your situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate training in safety. This requirement can be extended to owners of buildings who employ asbestos if they know that employees from third parties will be using the structures.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their previous losses. This system is criticized for its inconsistency of the system, asbestos legal and because it does not cover future compensation.

To protect the public, Congress has considered but failed to approve legislation that would create an asbestos trust fund of $140 billion fund in lieu of litigation. This legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought asbestos was banned since it's no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work day in and day out to address this issue.

The first step toward the ban was in 1989, when the EPA issued a regulation prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses 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 dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another step towards a complete ban in 2019, when it released the final rule, which strengthens the agency's capacity to stop asbestos-containing items from returning to the market.

Trade groups are trying to block the EPA from bans on asbestos. They argue that asbestos bans would threaten the country's chlorine supply and argue that there are safer options than asbestos. They have hired experts and consultants to argue their case, and they are turning to lawmakers with ties to asbestos companies.

Our company has been fighting this battle for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important step towards ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is made up of a collection of minerals that are naturally occurring and are formed into long, fine fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products such as insulation.

Because asbestos is so versatile, it's employed in a variety of household and industrial products. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, insulation for furnaces, pipes and other building materials commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung conditions like mesothelioma or asbestosis. These lung diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is damaged. Check the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you intend to make changes to your home or alter it in any way, it is recommended to seek out an asbestos abatement professional for a second inspection.

If asbestos is in good condition there is no reason not to remove it from your home. Consult your doctor if you are worried about your health. They can recommend a range of tests to determine if you are experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. Additionally states' laws require public employees to receive the same protections. If you work in an asbestos-containing building your employer must provide you with the information needed to reach a contractor who can remove asbestos. You should also seek out an environmental inspection company to assess your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos removal is secure if you follow the correct precautions. For this reason, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must follow federal and state laws regarding the manner in which they do it. This includes covering and disposing of any waste from the project. Incorrect handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict rules are in place to prevent this from occurring.

If asbestos is in good condition and has not been affected, it will not pose a health risk. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will let the professional know whether the material must be abated before starting any work. It will also ensure that it is handled, packed, labeled, transported, and disposed of in accordance to the rules of the government.

Anyone who uses asbestos without a permit is violating the law, and those who do face severe penalties. If you suspect that asbestos was improperly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material should be kept moist at all times to reduce the release of airborne fibers. Spraying the material prior to removal with a detergent or water spray can aid in this. Once the asbestos has been removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste and removed in an enclosed vehicle that is leak-proof.

Alternately, small areas of asbestos in good condition can be covered with commercial products that are designed to make holes or seal the damage. These products are available in stores that specialize on asbestos case-related materials and safety equipment. For more information on how to properly cover asbestos and dispose of it learn about how to remove Asbestos.