Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been passed through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. Laws vary by state but generally, 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 were once a popular choice in the construction industry due to its fire-resistant chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can cause serious health issues like mesothelioma, lung cancer and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is still found in over 3,000 different products. If you suspect your workplace or home may contain asbestos, an experienced inspector should examine the area. A professional can help determine what needs to be done should asbestos be found within your home or workplace and work with an abatement contractor if necessary.

You can file a suit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some instances, the victims can claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven however, instead it relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the strict liability, negligence and the different types and advise you on the possibility of applying this theory to your situation. Employers are also required to provide safe working conditions to their employees and provide adequate education in safety. This obligation could extend to the owners of buildings where asbestos is utilized if it is known that those buildings will be utilized by employees of third parties.

Many asbestos compensation manufacturers escaped liability by filing for bankruptcy protection. Companies that comply with this procedure are required to provide "bankruptcy funds" which pay injured victims pennies for their past losses. The system is criticized for its lack of transparency, as well because it doesn't cover future compensation.

Congress was able to consider but could not approve legislation that would have created a $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not 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 not a typical building material. However the United States is one of the few industrialized nations that does not ban asbestos settlement despite the fact that asbestos has been linked to cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to fight every day.

In 1989, the EPA issued a rule that prohibited the manufacture, importation and processing of asbestos-containing products. Chemical companies sued, and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and buy it from mining companies.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another major asbestos step towards a ban 2019, when it announced the final rule, which strengthens the agency's capacity to stop asbestos-containing products from returning to the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that a ban could threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their argument. They are also reaching out to lawmakers who have ties to asbestos.

This is a war that our firm has been involved in for over 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to tell if you Are Infected with Asbestos

Asbestos is made up of an assortment of minerals that naturally occur and are arranged into long, thin fibers. They are known for being tough, flexible and resistant to fire and chemicals. These qualities made them suitable in a number of industrial items, including insulation.

Asbestos is a component in a variety of household and building products. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. asbestos litigation can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These diseases may be long-lasting and sufferers may not notice symptoms for a period of 20 to 50 years following exposure.

Many people are concerned that they have asbestos in their home. In most cases, asbestos in good condition will not release fibres unless they are disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you're planning to remodel your house and alter the material in any way, you should consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good condition there is no need to get rid of it. If you are concerned about your health, seek advice from a physician. They can conduct various tests to determine whether you suffer from symptoms linked to exposure to asbestos.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public facility in which you are exposed to asbestos, your employer should provide details on how to contact an asbestos removal contractor. You should also contact an environmental inspection firm to examine your home. They will test your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos removal is safe when you take the proper precautions. This is why asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, they must adhere to all state and federal regulations. This includes properly covering and removing any waste from the project. Improper handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to stop this from occurring.

Asbestos in good condition that can't be disturbed may not pose any health risk. However, it is recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos expert prior to beginning the work. This will allow a professional to determine if the material requires removal prior to beginning any work. It will also ensure that it is properly handled wrapped, labeled, and shipped in accordance with the guidelines of the government.

It is illegal for anyone to work in asbestos without a license, and those who violate these rules face large fines. If you suspect that asbestos has been improperly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos, the material must be kept wet throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray can aid in this. Once asbestos has been removed, it needs to be placed in large plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof car.

Alternately small areas of asbestos that are in good condition can be covered with commercially-made products designed to make holes or seal the damage. They are available in stores that specialize in asbestos materials and safety equipment. Check out How to Remove Asbestos for more information about how to cover and dispose asbestos properly.