Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state however, generally property owners must keep their premises safe and inform employees of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once popular in construction due to its fire-resistant chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could appear 15-30 years later. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should be able to inspect your home or work place if you suspect it may contain asbestos. A professional can advise you on what you should do should asbestos be present in your workplace or home and will work with a contractor if needed.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain instances, victims can seek damages under a theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and relies instead on the fact that the product was 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 particular situation. Employers are also required to ensure safe working conditions for their employees as well as adequate education in safety. This obligation can be extended to building owners who use asbestos when they are aware that employees from other companies will be using those buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that use this method are required to fund "bankruptcy funds" which pay injured victims pennies on the dollars of their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it doesn't cover workers' future compensation.

To protect the public, Congress has considered but did not pass legislation to establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans might have believed asbestos was banned since it's no longer a widely used building material. However the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any quantity. This is a problem that our lawyers and the world's anti-asbestos movement continue to tackle every single day.

In 1989 the year 1989, EPA issued a rule which prohibited the production, importation, and processing of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for Asbestos Legal companies to import the substance and purchase it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another major step towards a complete ban in 2019, when it released a final rule that strengthens the agency's capacity to stop asbestos-containing products from coming back onto the market.

However, trade groups are attempting to block the EPA's effort to ban asbestos. They claim that asbestos bans would affect the supply of chlorine in the country and argue that there are safer options to asbestos. They have hired experts and consultants to make their case and are now looking to lawmakers with ties to asbestos companies.

Our company has been fighting this battle 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 join until the EPA prohibits this harmful and deadly substance in the United States. This is a significant step in ensuring that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is made up of a grouping of minerals that are found naturally and are arranged into long, thin fibers. These materials are well-known for their flexibility, strength and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos case is so versatile, it is used in a range of household and commercial items. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, as well as other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases like mesothelioma or asbestosis. These illnesses have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Inspect the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a renovation that could affect it, you should speak an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good condition there is no need to remove it. If you are concerned about your health, you should consult with a physician. They can perform various tests to determine whether you suffer from symptoms relating to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. In addition, state laws require public employees to receive the same protections. If you work in an asbestos-rich building your employer must provide you with information on how to reach a contractor who can remove asbestos. You should also contact an environmental inspection firm to assess your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos removal is safe when you follow the correct precautions. For this reason, asbestos removal should be left to professionals 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 state and federal regulations regarding how the work is done. This includes covering every waste product generated by the project, and then disposing of it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict rules are in place to stop this from happening.

Asbestos that is in good shape and won't be disturbed might not pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you start the work. This will enable a professional to determine if the material requires removal prior to beginning any work. It will also ensure that it is properly handled in a safe manner, packaged, labeled and transported in accordance with the government regulations.

Anyone who is working with asbestos without a permit is violating the law, and those who do face heavy penalties. If you suspect that asbestos has not been properly removed from your property, call your county or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material must be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it off. After the asbestos is removed, it should be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste, and disposed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. These are products can be found in stores that specialize on asbestos-related products and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.