Is Asbestos Legal?

While asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. Laws vary state-to-state, but in general property owners are required to keep their buildings safe and notify employees of potential dangers.

The Law

Asbestos is an assortment of minerals that are naturally occurring. It was once used in construction because it was fire-resistant, chemical corrosion resistant, and insulating. However, inhaling asbestos fibers can lead to serious health issues, including lung cancer, mesothelioma and asbestosis. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos can be present in more than 3,000 different products. A qualified inspector should inspect your home or work place if you suspect it may contain asbestos. A professional can tell you what steps to take should asbestos be present in your home or workplace and will work with a contractor if needed.

You can file a suit against the manufacturer when they produce asbestos-containing products. However, proving the defendant's negligence can be difficult. In some cases, victims can claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proven however, instead it relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise you on the possibility of applying this theory in your case. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This obligation may extend to the owners of buildings where asbestos is used when it is determined that those buildings are used by employees of a third party.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who use this method are required to fund "bankruptcy funds" which pay injured victim's pennies on the dollars of their previous losses. This system is criticized for the inconsistency of the system, and because it doesn't cover future compensation.

Congress considered but could not approve, legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have thought that asbestos was prohibited because it's no longer a commonly used building material. However the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos has been proven to cause cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to work every day to address this issue.

In 1989 the year 1989, the EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still employed in a few manufacturing processes, and it's legal for firms to purchase the material from mining operations and Asbestos Legal then import it for other purposes.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took a further step toward a ban in 2019 when it issued an official rule that enhances the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are attempting to stop the EPA from banning asbestos. They argue that a ban could threaten the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are looking to legislators who have ties to asbestos companies.

Our company has been fighting this fight for more than 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly chemical in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is an assortment of minerals that are naturally occurring and are formed into long, Asbestos Legal fine fibers. These materials are known as being strong, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, like insulation.

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

When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These illnesses may be long-lasting and patients may not show symptoms for a period of 20 to 50 years following 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 damaged. Be sure to inspect the material for water damage, abrasions or tears. If the material is damaged or you are planning a remodel that could disturb it, you must consult an asbestos abatement expert to conduct an additional inspection.

If asbestos attorney is in good health there is no need to get rid of it. Consult your doctor if you are concerned about your health. They can order various tests to determine if you suffer from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building the employer has to provide you with information on how to reach a contractor who can remove asbestos. You should also contact an environmental inspection company 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 right precautions. asbestos litigation removal must be performed by professionals who are certified and trained in the proper handling of the substance. If a homeowner chooses to remove asbestos-containing materials from their home, they must follow federal and state regulations on how the work is carried out. This includes covering any waste generated during the process and properly disposing it. Improperly handling and disposing of asbestos can expose people and workers to asbestos-related ailments, like lung cancer and mesothelioma. To avoid this strict rules have been put in place.

If asbestos is in good condition and isn't affected, it will not be a health risk. It is however recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos professional before commencing the work. This will allow a professional to determine if the material needs to be removed prior to beginning any work. It also helps ensure it is handled in a safe manner, packaged, labeled and transported in compliance with the guidelines of the government.

It is illegal to work in asbestos without a license and those who break these regulations face severe penalties. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it's important to keep the material wet throughout the removal process. This can be accomplished by spraying the material with a water/detergent mist before taking it away. After the asbestos has been removed, it must be placed in thick plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition using commercial products that can fill holes and seal damages. These are sold at stores that specialize in asbestos materials and safety products. For more details about how to cover asbestos and dispose of it, see How to Remove Asbestos.