Is Asbestos Legal?

Congress has approved several incremental legislations despite the fact asbestos is still prohibited. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals to be evaluated and reviewed.

Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary by state however, generally property owners must keep their premises safe and inform workers of the potential hazards.

The Law

Asbestos is an assortment of naturally occurring minerals. It was once used in construction because it was fire resistant, chemical corrosion resistant, and an insulator. However, inhaling asbestos fibres can lead to serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3000 products. A qualified inspector should inspect your workplace or home when you suspect it may contain asbestos. A professional can determine what you should do should asbestos be found in your workplace or at home and can work with a contractor in the event of need.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim removes the requirement of proving 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 different kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees and provide adequate training in safety. This requirement can be extended to property owners who employ asbestos when they are aware that employees from third parties will be using the buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't guarantee future compensation for workers.

Congress was able to consider but did not adopt, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have taken money kept in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have believed that asbestos was banned. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to work daily on this issue.

The first step toward prohibition came in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos remains used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for other uses.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. In the year 2019, the EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups are trying to block the EPA from bans on asbestos. They argue that asbestos bans would threaten the country's chlorine supply and claim that there are safer options in place of asbestos. They have hired consultants and experts to assist them in making their argument. They are also reaching out to lawmakers with ties to asbestos.

This is a battle our company has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly substance in the United States. This is a huge step in ensuring that no more Americans suffer the same fate as those millions of men women and asbestos legal children who were diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is a grouping of minerals that occur naturally and are organized into long, thin fibres. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These properties made them useful in a number of industrial items, including insulation.

Asbestos is a component in many different types of building and household items. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes and other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the atmosphere. Inhaling these fibers can lead to serious lung diseases like mesothelioma or asbestosis. These diseases have a lengthy latency period, and victims may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good health is not likely to release fibers until it is agitated. Homeowners should examine the material for tears, abrasions or water damage. If the material is damaged or you are planning to remodel your home that could affect it, you should consult with an asbestos abatement specialist for a more thorough inspection.

If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult a physician. They can perform various tests to determine if you have symptoms linked to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. In addition, state laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer is required to provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection firm to evaluate your home. The experts can inspect your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. As a result, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, he or she must follow all federal and state regulations. This includes properly covering all the waste produced by the project and disposing it. Unsafe handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. To avoid this strict rules have been enacted.

Asbestos that is in good condition and can't be disturbed may be safe for health. It is recommended to have any ACM that may be disturbed during renovation or demolition examined prior to you start the work. This will allow a professional to determine if the material requires abatement before starting any work. It will also make sure that it is handled properly, packed, labeled, and transported according to the guidelines of the government.

It is illegal for anyone to work on asbestos without a valid license and those who break these rules face large fines. If you suspect that an improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

In the process of removing asbestos, the material needs to be kept wet throughout the process to prevent the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray will aid in this. After the asbestos has been removed, it should be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Alternatively small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal damage. These products are sold in stores that specialize in asbestos-related products and safety equipment. See How to Get Asbestos Out for more information on how to cover and dispose asbestos safely.