Is Asbestos Legal?

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

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state but generally, property owners are required to keep their buildings secure and warn employees of any risks that might be present.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however, can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to appear after exposure. Even today, asbestos is found in more than 3,000 items. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can determine what to do should asbestos be present in your home or workplace and will work with a contractor should it be necessary.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims may pursue damages based on a theory of strict liability. This type of claim removes any need to prove four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and will be able to advise you if this theory applies to your situation. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This obligation could be extended to property owners who employ asbestos if they know that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system is criticized for the lack of transparency and because it does not cover future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation that would establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it did not get 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 no longer a widely used building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. This is a problem that our lawyers and the international anti-asbestos movement continue to fight every day.

The first step towards the ban was in 1989, when the EPA issued a regulation prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos remains used in some manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for different purposes.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an act that strengthened the agency's capabilities to prevent asbestos-containing products from coming back to the marketplace.

Trade groups are trying to block the EPA from bans on asbestos. The trade groups argue that a ban could threaten the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers who are connected to asbestos companies.

This is a battle 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 join until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a major step to ensure that nobody else Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to tell if you Are Suffering from asbestos claim

Asbestos is a collection of minerals that occur naturally and are laid out into long, thin fibers. These materials are known as being strong, flexible and resistant to chemicals and fire. These properties made these materials useful in a range of industrial products including insulation.

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

When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These diseases may be long-lasting and patients may not notice symptoms for 20 to 50 years following exposure.

Many people worry that they might have asbestos in their homes. In most cases, asbestos in good condition will not release fibers unless disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you intend to remodel your house and disturb it in any way, it is recommended to consult an asbestos abatement expert to conduct a more thorough inspection.

If asbestos is in good shape there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can perform a variety of tests to determine whether you're suffering from symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer should provide information on how to reach an asbestos abatement contractor. You should also call an environmental inspector Asbestos Law to assess your home. They can test and visually inspect your home.

How to Remove Asbestos

asbestos claim removal is safe when you take the appropriate precautions. Asbestos removal must be done by experts who are trained and licensed in the proper handling of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must follow the federal and state regulations for the manner in which they do it. This includes covering and disposing of all waste from the project. Incorrectly handling and disposing of asbestos could expose workers and the public to asbestos-related illnesses, like lung cancer, and mesothelioma. To avoid this, strict regulations have been put in place.

If asbestos is in good shape and isn't disturbed, it should not be a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition examined prior to you begin your work. This will enable a professional to determine if the material requires removal prior starting any work. It also helps ensure it is handled wrapped, labeled, and transported in compliance with the government regulations.

It is illegal to work with asbestos without a permit, and those who violate these regulations face severe penalties. If you suspect that asbestos was not properly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the substance must be kept moist throughout the process to prevent the release of airborne fibers. Spraying the material before removal with a detergent or water spray can aid in this. Once the asbestos is removed, it must be placed in large plastic bags or tarps that are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition using commercial products that fill holes and seal damage. These products are sold in stores that specialize on asbestos-related products and safety equipment. For more information on how to properly remove asbestos, see How to Remove Asbestos.