Is Asbestos Legal?

Congress has approved a variety of incremental legislation plans, despite the fact that asbestos is still banned. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos compensation on the EPA's prioritization list of chemicals for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, generally property owners must ensure that their buildings safe and warn workers of the potential hazards.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once used in construction because it was fireproof, chemical corrosion resistant, and insulating. Inhaling asbestos fibers, however they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 different products. A qualified inspector should check your workplace or home if you suspect that it might contain asbestos. A professional can advise you on what steps to take in the event that asbestos is present in your home and will work with an abatement contractor when needed.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence can be difficult. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and is based on the fact that the product was dangerous.

An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell whether this theory applies in your case. The law also requires that employers provide safe working conditions as well as adequate safety training for their employees. This obligation could be extended to property owners who use asbestos if they know that third-party employees will use the buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

Congress considered but failed to pass legislation that would have created the $140 billion trust fund for asbestos as a substitute for litigation. The bill would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in construction materials, and many Americans may have assumed that the mineral was not allowed. However, the United States is one of the few industrialized nations that does not ban asbestos despite the fact asbestos has been proven to cause cancer in any amount. This is an issue our lawyers and the rest of the world's anti-asbestos community continue to tackle every single day.

The first step toward a ban came in 1989 when the EPA issued a rule banning the production, importation, and processing of all asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining companies.

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 assessment. In the year 2019, EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency's capabilities to prevent asbestos-containing products from coming back to the market.

Trade groups are trying to prevent the EPA from banning asbestos. These groups claim that a ban would threaten the supply of chlorine in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to assist them in making their argument. They are also turning on lawmakers who have connections to asbestos.

This is a war that our firm has been involved in for over 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and dangerous substance in the United States. This is a major move to ensure that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their durability, flexibility, and resistance to chemical and fire. These properties make them useful in a variety of industrial products, including insulation.

Because asbestos is so versatile, it's employed in a range of household and building products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, and fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These illnesses have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless they are disturbed. Inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you are planning to remodel your house and alter the material in any way, consult an asbestos removal expert to conduct a more thorough inspection.

If asbestos is in good shape there is no reason to eliminate it from your home. If you are concerned about your health, you should seek advice from a physician. They can perform various tests to determine if there are symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you are employed in a public establishment where you are exposed asbestos, your employer should provide you with information on how to contact an asbestos law removal contractor. You should also seek out an environmental inspection company to evaluate your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed provided that the appropriate precautions are taken. Asbestos removal should be performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner chooses to remove asbestos from their home, they must abide by state and federal regulations regarding how the work is carried out. This includes properly covering all the waste produced by the project and disposing it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. To avoid this strict guidelines have been put in place.

If asbestos claim is in good condition and is not damaged, it is unlikely to pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to begin work. This will allow a professional to determine if the material requires removal prior starting any work. It will also ensure that it is handled, packed, labeled and Asbestos Legal transported in compliance with the government regulations.

Anyone who is working with asbestos without a permit is violating the law. Those who break it are liable for heavy penalties. If you suspect improper abatement occurred on your property, call 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 constantly to minimize the release of airborne fibers. Spraying the asbestos prior to taking it off with a water/detergent spray will help achieve this. Once the asbestos has been removed, it must be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos that are in good condition by using commercial products that can fill holes and seal damages. These are available at stores that specialize in asbestos-related materials and safety items. Check out How to Get Asbestos Out for more information on how to cover and dispose asbestos legal in a safe manner.