Is Asbestos Legal?

Congress has approved a variety of incremental legislation proposals, despite the fact that asbestos is still banned. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos case to EPA’s priority list of chemicals that require risk assessment and review.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws vary between states, however, in general, property owners are required to ensure their buildings are secure and inform workers of any dangers that could be present.

The Law

Asbestos is a range of minerals that are naturally occurring. It was previously used in construction because it was fireproof as well as chemical corrosion resistant and insulation. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 different products. A qualified inspector should inspect your home or work place if you suspect it may contain asbestos. A professional can help you determine what must be done in the event that asbestos is present in your property and will collaborate with an abatement company should it be necessary.

You can file a suit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In certain cases, victims may be able to seek damages under the 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 was dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise you if this theory is applicable to your particular situation. Employers are also required to offer safe working conditions for their employees and adequate training in safety. This obligation can extend to the owners of buildings that are constructed with asbestos if it is known that the buildings are utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which pay victims pennies on the dollar of previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

Congress looked at but could not approve legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to pay compensation. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in building materials, and many Americans might have assumed that the mineral was not allowed. However, the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and Asbestos Legal the international anti-asbestos campaign continue to work every day on this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a directive prohibiting the importation, manufacturing and processing of all asbestos-containing products. However, the chemical industry sued and the court upheld the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for other purposes.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In 2019, the EPA made a significant step towards an end to asbestos when it announced an order that bolstered the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.

Trade groups are attempting to stop the EPA from banning asbestos. These groups claim a ban on asbestos would threaten the country's chlorine supply and claim that there are better alternatives than asbestos. They have hired consultants and experts to help them build their argument. They are also turning to lawmakers who have ties to asbestos.

This is a battle our firm has been involved in for over 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the dangerous and deadly substance in the United States. This is an important move 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 tell if you Are Infected with Asbestos

Asbestos is made up of an assortment of minerals that occur naturally and are laid out into long, thin fibres. These materials are well-known for their durability, flexibility, and resistance to chemical and fire. These qualities made them suitable in a number of industrial products, like insulation.

Because asbestos is so versatile, it is used in a myriad of household and commercial items. Some examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles, 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. Inhaling the microscopic fibers could enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases may have a long time of latency and patients may not show symptoms for a period of 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Asbestos in good health will not release fibers until it is agitated. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to remodel your home and disturb it in any way, you must consult an asbestos removal expert for a further inspection.

If asbestos is in good health there is no reason to remove it. See your doctor if are worried about your health. They can perform a variety of tests to determine whether you're experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you work in a public building in which you are exposed to asbestos, your employer should give you information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the appropriate precautions are followed. Asbestos removal should be done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must follow federal and state laws regarding how to complete the task. This involves properly covering and removing any waste from the project. The improper handling and disposal of asbestos can expose people and workers to asbestos-related diseases, such as lung cancer and mesothelioma. To stop this from happening strict guidelines have been enacted.

Asbestos in good condition that will not be disturbed may not pose a health risk. However, it is recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will let the professional know whether the material should be abated before starting any work. They will also ensure that it is handled, packaged in a way that is labeled, transported and disposed of in accordance with the regulations of the government.

It is illegal to work in asbestos without a license and those who break these rules can face substantial fines. If you suspect that improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental quality.

To limit the release of fibers into the air, it's important to keep the material wet throughout the removal process. This can be achieved by spraying the material with a water/detergent mist before taking it away. Once the asbestos is removed, it is stored in plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition with commercial items that seal holes and repair damage. These are products can be found in stores that specialize on asbestos lawsuit-related materials and safety equipment. Check out How to Get Asbestos Out for more information about how to dispose and cover asbestos safely.