Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of these, 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 could also face liability for asbestos-related injuries. Laws vary state-to-state however, in general, property owners must keep their structures safe and inform employees of potential dangers.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was once used in construction since it was fireproof, chemical corrosion resistant, and an insulator. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos is found in more than 3,000 products. If you suspect your workplace or house may contain asbestos, a certified inspector should examine the area. A professional can help determine what must be done if this material is present in your property and will work with an abatement contractor if necessary.

You can file a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain instances, victims may claim damages under a theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain strict liability, negligence and the various types of liability and tell you if this theory applies in your situation. The law also requires that employers provide safe working conditions as well as adequate safety training for their employees. This obligation could extend to the owners of structures where asbestos is used when it is determined that the building will be utilized by third party employees.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies who do this are required to pay "bankruptcy funds" which pay injured victims pennies based on their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it does not provide workers with future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation that would create a $140 billion asbestos trust fund to replace litigation. This bill would have taken money held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in construction materials, and a lot of Americans might have believed asbestos was banned. However it is true that the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that asbestos has been proven 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 an end to the ban came in 1989, when the EPA issued a rule banning the production, importation and processing of most asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. In 2019, the EPA took a major step towards an asbestos ban when it published an order that bolstered the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups are attempting to block the EPA's effort to stop asbestos from being used in construction. These groups argue that a ban would threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to argue their case and are now looking to lawmakers who are connected to asbestos companies.

This is a fight that our firm has been involved in for over 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.

How to tell if have Asbestos

Asbestos is an assortment of naturally occurring minerals that are placed in thin, long fibers. These materials are regarded as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos is so versatile, it's employed in a range of household and building products. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for pipes, furnaces as well as other common building materials.

When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling asbestos fibers can result in serious lung conditions like asbestosis or mesothelioma. These lung diseases have a long duration of incubation, and sufferers may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Asbestos that is in good condition is unlikely to release any fibers until it is agitated. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged, or if you plan to renovate your home and disturb it in any way, consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good condition, there is no need to get rid of it. Talk to your doctor if are worried about your health. They can recommend a range of tests to see whether you're suffering from symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. Additionally states' laws require public employees to receive the same protections. If you work in an asbestos compensation-containing building the employer has to provide you with details on how to contact a contractor who can remove asbestos. You should also call an environmental inspector to assess your home. They will test your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos is safe to remove provided that the appropriate precautions are followed. Asbestos removal should be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to federal and state laws regarding how to complete the task. This involves properly covering and disposing of all waste from the project. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. To stop this from happening strict regulations have been enacted.

If asbestos is in good condition and is not affected, it will not cause health risks. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected before you begin the work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also ensure it is handled in a safe manner, packaged, labeled and shipped in accordance with the guidelines of the government.

It is illegal to work in asbestos without a license Anyone who does not comply with these rules face large fines. If you suspect that an improper abatement occurred on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

When removing asbestos lawsuit, the substance must be kept wet constantly to minimize the release of airborne fibers. Spraying the material prior to removal with a detergent or water spray can help in this. Once asbestos has been removed, it is placed in heavy plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof car.

You can also cover small areas of asbestos that are in good condition with commercial products that seal holes and repair damage. These are products can be found in stores that specialize on asbestos-related products and safety gear. See How to Remove Asbestos for more details about how to cover and dispose asbestos properly.