Is Asbestos Legal?

Congress has passed a number of incremental legislation plans, despite the fact that asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary from state to state, however, in general, property owners are required to ensure their buildings are safe and inform workers of any dangers that could be present.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health issues, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is still present in more than 3,000 different products. If you suspect your workplace or home may contain asbestos, a qualified inspector should check the area. A professional can help determine what must be done when asbestos is found on your property and work with an abatement professional should it be necessary.

It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove a defendant's fault. In certain cases, victims might be able to pursue 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 is inherently dangerous.

An asbestos lawyer (browse around this site) can explain the various types of negligence and strict liability and will be able to advise you if this theory is applicable to your case. The law also requires employers to provide secure working conditions and safety training for their employees. This obligation could be extended to property owners who employ asbestos, if they are aware third-party employees will use those buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" that pay injured victims pennies on their previous losses. The system is criticized for the inconsistency of the system, and because it does not provide future compensation.

Congress looked at but did not adopt, legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned due to the fact that it's no longer a widely used building material. The United States is one the few industrialized countries that do not ban asbestos despite its cancer-causing properties. This is a problem that our lawyers and the international anti-asbestos campaign continue to work on every day.

In 1989 the year 1989, the EPA issued a rule which prohibits the importation, production and processing of asbestos-containing products. The chemical industry sued, and the court upheld the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it to use for other purposes.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another major step towards a ban 2019 when it issued the final rule, which strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.

Trade groups are trying to block the EPA from banning asbestos. They claim that the asbestos ban would affect the supply of chlorine in the country and claim that there are safer options than asbestos. They have hired experts and consultants to help argue their case, and they are turning to lawmakers who are connected to asbestos-related industries.

Our company has been fighting this fight for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step to ensure that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Know if You Have Asbestos

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

Asbestos is utilized in a variety of household and building products. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. Asbestos in good condition will not release fibers until it is disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you intend to remodel your house and alter it in any way, you must consult an asbestos abatement expert for a second inspection.

If asbestos is in good shape, there is no need to remove it. If you are concerned about your health, you should consult with a physician. They can order various tests to determine if you suffer from 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, state laws require public employees to be provided with the same protections. If you are employed in a public establishment in which you are exposed to asbestos, your employer must provide you with information on how to reach an asbestos abatement contractor. You should also call an environmental inspector to evaluate your home. These professionals can examine and test your home.

How to Get Asbestos Out

Asbestos is safe to remove provided the proper precautions are followed. 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 eliminate asbestos from their home, he or she must follow all state and federal regulations. This involves properly covering and removing all waste resulting from the project. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To avoid this, strict regulations have been put in place.

Asbestos that is in good shape and is not disturbed could not pose any health risks. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before starting the work. This will enable the professional to determine whether the material must be abated before starting any work and will also ensure that it is handled, packaged and labeled, transported and disposed of in accordance with regulations set by the government.

Anyone who works with asbestos without a permit is violating the law and those who violate it are subject to heavy penalties. If you suspect that an improper abatement occurred on your property or asbestos lawyer in the vicinity, you must contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

During the removal of asbestos, the material needs to be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the asbestos with a detergent or water mist prior to taking it off. Once the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos law waste, and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos in good condition by using commercial products that fill holes and seal damage. These products are available in stores that specialize in asbestos materials and safety equipment. For more details about how to remove asbestos, see How to Remove Asbestos.