Is Asbestos Legal?

Congress has approved several incremental legislation proposals, despite the fact that asbestos is still prohibited. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's priority list of chemicals for review and risk assessment.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws differ from state to state but generally property owners are obliged to keep their properties secure and warn workers of any potential dangers.

The Law

Asbestos is a range of minerals that are naturally occurring. It was previously used in construction as it was fire-resistant, chemical corrosion resistant, and an insulator. Inhaling asbestos fibers, can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. The symptoms may take 15 to 30 years to manifest after exposure. Even in the present, asbestos can be found in over 3,000 different products. If you believe your workplace or home may contain asbestos, a qualified inspector should be able to inspect the area. A professional can determine what to do should asbestos be found within your home or workplace and can work with a contractor should it be necessary.

You can file a suit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, the victims may claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead rely on the fact that a product was a risk in itself.

An asbestos lawyer can provide information on the different types of negligence and strict liability and advise you on whether this theory applies to your particular situation. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This requirement can also apply to owners of structures where asbestos is used when it is determined that those buildings will be used by employees of a third party.

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

Congress was able to consider but failed to pass, legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to pay compensation. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was prohibited because it's not a typical building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. This is an issue our lawyers and Asbestos Legal the world's anti-asbestos movement continue to tackle every single day.

The first step towards prohibition came in 1989, when the EPA issued a rule prohibiting the manufacturing, importation and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and then import it for different purposes.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, the EPA took a major step towards a ban when it released an act 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 prohibiting asbestos. They claim that the asbestos ban would harm the nation's supply of chlorine and argue that there are alternatives to asbestos. They have hired consultants and experts to help them make their argument. They're also reaching out to lawmakers who have ties to asbestos.

This is a fight that our firm has been involved in for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important step towards ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is made up of a collection of minerals that naturally occur and are organized into long, thin fibers. These materials are known for their flexibility, strength and resistance to chemical and fire. These properties made these materials useful in a range of industrial products like insulation.

Because asbestos is so versatile, it is used in a wide range of household and commercial items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential building, and fake fireplace embers are a few examples. Asbestos can also be found on 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 harmful fibres into atmosphere. Inhaling these tiny fibers can get into the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These illnesses can be extremely latency-prone and patients may not show symptoms for a period of 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is agitated. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning a home remodel that could disturb it, you should check an asbestos abatement expert for further inspection.

If asbestos is in good condition, there is no reason to remove it. If you are concerned about your health, you should seek advice from a physician. They can recommend a range of tests to see whether you are suffering from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing structure your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental inspection company to assess your home. The experts can test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is secure if you take the right precautions. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, they must follow all state and federal regulations. This includes covering and disposing of all waste generated by the project. Unsafe handling and disposal of asbestos can expose workers and others to asbestos-related illnesses, like lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from happening.

Asbestos in good health that is not disturbed could not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition checked prior to when you begin work. This will let the professional know if the material needs to be removed prior to beginning any work and will also ensure that it is handled, packed and labeled, transported and disposed of according with the regulations of the government.

It is unlawful for anyone to work with asbestos without a permit anyone who is in violation of these rules can face substantial fines. If you suspect that improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental health.

When removing asbestos, the material needs to be kept moist throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior to taking it off with a water/detergent spray can aid in this. After the asbestos is removed, it must be placed in thick plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and then disposed in a leak-proof vehicle.

In addition, small areas of asbestos in good condition can be covered with commercial products that are designed to make holes or seal the damage. These are sold at stores that specialize in asbestos materials and safety products. For more information on how to properly remove asbestos Learn How to Remove Asbestos.