Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been tossed around Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's prioritization list of chemicals for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. State laws differ, but in general property owners must ensure that their structures safe and inform employees of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 items. If you are concerned that your workplace or home may contain asbestos, a qualified inspector should inspect the area. A professional can help determine what steps to take if this material is present in your property and will work with an abatement professional in the event of a need.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some cases, the victims might be able to pursue damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be proven, but instead rely on the fact that the product was inherently hazardous.

An asbestos lawyer can explain strict liability, negligence and the various types of negligence and inform you if this theory applies in your situation. The law also requires employers to provide safe working conditions and safety education to employees. This obligation could be extended to building owners who use asbestos when they are aware that employees from other companies will be using those structures.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who comply with this procedure are required to pay "bankruptcy funds" that pay injured victims pennies for their previous losses. This system is criticized for the inconsistency of the system, and because it doesn't cover future compensation.

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

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans may have assumed that asbestos was banned. However it is true that the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and of the world's anti-asbestos campaign continue to fight every day on this issue.

The first step towards prohibition came in 1989, when the EPA issued a rule banning the production, importation and processing of all asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the substance and buy it from mining companies.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos is now on the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards the ban when it issued an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from resurfacing on the market.

Trade groups are attempting to prevent the EPA from bans on asbestos. The trade groups argue that a ban would jeopardize the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to argue their case and are looking to lawmakers with ties to the asbestos industry.

This is a battle that our firm has been involved in for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly substance in the United States. This is an important step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is made up of a collection of minerals that naturally occur and are organized into long, thin fibres. These materials are regarded as being strong, flexible and resistant to chemicals and fire. These properties make them useful in a number of industrial products, like insulation.

Because asbestos is so versatile, it's employed in a range of household and industrial items. Examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also present in ceiling tiles, shingles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos law is disturbed it releases dangerous fibres into the air. Inhaling asbestos fibers can result in serious lung diseases such as mesothelioma or asbestosis. These illnesses can have a long latency time, and victims may not be symptomatic for 20 to 50 years following exposure.

Many people worry that they have asbestos in their homes. In most cases, asbestos in good condition will not release fibres unless disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a remodel that could cause damage to it, you should check an asbestos abatement expert for further examination.

If asbestos is in good condition, there is no reason why you should remove it from your home. See your doctor if are concerned about your health. They can order various tests to determine if there are symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer should provide details on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper precautions are followed. Asbestos removal should be done by experts who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, they must follow all state and federal regulations. This includes properly covering every waste product generated by the project and disposing it. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related diseases like lung cancer, and mesothelioma. This is why strict rules are in place to stop this from occurring.

If asbestos is in good condition and is not affected, it will not be a health risk. It is however recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also ensure that it is properly handled, packed, labeled and transported in accordance with the regulations of the government.

Anyone who works with asbestos without a permit is breaking the law, and those who do face heavy penalties. If you suspect that an improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

During the removal of asbestos settlement, the material should be kept wet throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the asbestos with a detergent or water mist prior to taking it away. After the asbestos is removed, it needs to be placed in heavy plastic bags or tarps double-wrapped and sealed with tape. This material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition using commercial products that fill holes and seal damage. These are available at shops which specialize in asbestos materials and safety items. Check out How to Get Asbestos Out for more information on how to cover and dispose asbestos properly.