Is Asbestos Legal?

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

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. State laws differ however, in general, property owners must keep their structures safe and inform workers of potential dangers.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was once used in construction since it was fire resistant, chemical corrosion resistant and insulating. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer and asbestosis. The symptoms can take between 15 and 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 items. A certified inspector should examine your home or work place when you suspect it may contain asbestos. A professional can advise you on what steps to take should asbestos be found within your home or workplace and can work with a contractor should it be necessary.

It is possible to file an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the various types of strict liability and negligence and can advise on whether this theory is applicable to your case. Employers are also required to provide safe working conditions for their employees and adequate training in safety. This obligation could extend to the owners of buildings that are constructed with asbestos if it is known that those buildings will be used by employees of a third party.

Many asbestos producers avoided liability through bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency and the fact that it does not guarantee future compensation for workers.

In an effort to safeguard the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.

Is asbestos claim Banned In The U.S.

Many Americans might have believed that asbestos was banned due to the fact that it is no longer a common building material. However it's true that the United States is one of the few industrialized nations that doesn't ban asbestos, despite the fact that it's known to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to fight every day on this issue.

The first step toward prohibition came in 1989, when the EPA issued a rule prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical industry filed a lawsuit, 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 material from mining operations and import it for different purposes.

In 2016 Congress updated the Toxic Substances Control Act and gave the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. In 2019, the EPA took a major step towards the ban when it issued a rule that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace.

However, trade groups continue to stop the EPA's efforts to stop asbestos from being used in construction. They claim that the ban on asbestos will affect the supply of chlorine in the country and argue that there are better alternatives to asbestos. They have hired experts and consultants to help them make their case. They're also reaching out on lawmakers who have connections to asbestos.

This is a battle that our company 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 deadly and harmful substance in the United States. This is a major asbestos Legal step towards ensuring that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. These minerals are renowned for their strength, flexibility and resistance to chemicals and fire. These properties 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 building, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These diseases have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Most of the time, asbestos compensation in good state will not release any fibers unless they are disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged, or if you plan to make changes to your home or disturb it in any way, consult an asbestos abatement specialist for a further inspection.

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

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-rich building the employer has to provide you with details on how to reach a contractor who can remove asbestos. Contact an environmental inspection company to examine your home. They will test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe provided you follow the correct precautions. As a result, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, he or she must adhere to all state and federal regulations. This includes covering all waste generated by the project and disposing it. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict rules are in place to prevent this from occurring.

Asbestos in good health that will not be disturbed may be safe for health. It is however recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before beginning the work. This will allow the professional to determine if the material needs to be sprayed prior to starting any work. It will also ensure that it is properly handled, packaged in a way that is labeled, transported and disposed of according with government regulations.

Anyone who works with asbestos without a permit is breaking the law, and violators face severe fines. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

When removing asbestos, the material should be kept moist at all times to reduce the release of airborne fibers. This can be accomplished by spraying the material with a mist of water or detergent prior to taking it off. After the asbestos is removed, it needs to be placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos case in good condition using commercial products that seal holes and repair damage. They are available in stores that specialize in asbestos-related materials and safety items. Check out How to Get Asbestos Out for more information about how to cover and dispose of asbestos safely.