Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have churned through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary from state to state however, generally, property owners are obliged to keep their properties safe and warn employees of any risks that might be present.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was previously used in construction since it was fireproof, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. Symptoms can take 15 to 30 years to show up after exposure. Even in the present, asbestos can be present in more than 3,000 different products. If you suspect your workplace or home may contain asbestos, a certified inspector should be able to inspect the area. A professional can assist you in determining what needs to be done if this material is present in your property and will work with an abatement contractor when needed.

It is possible to bring an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, victims could be able to claim damages on the basis of strict liability. This type of claim removes any need to prove four elements of negligence and asbestos lawyer relies instead on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell whether this theory applies in your case. The law also requires employers to provide safe working conditions and adequate safety training to employees. This obligation can be extended to owners of buildings who use asbestos if they know that employees from other companies will be using those buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system is criticized for the lack of transparency, and because it does not cover future compensation.

To protect the public, Congress has considered but failed to pass legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by victims' advocates or corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in building materials, and many Americans might have believed the mineral was not allowed. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work day in and day out on this issue.

The first step towards the ban was in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of most asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining companies.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In 2019, the EPA took a major step towards an end to asbestos when it announced a rule that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups are attempting to stop the EPA from banning asbestos. They claim that the ban on asbestos will affect the supply of chlorine in the country and claim that there are better alternatives in place of asbestos. They have hired experts and consultants to help them make their case. They're also reaching out to lawmakers who have ties to asbestos.

This is a battle our company has been involved in for more than 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly chemical in the United States. This is a huge step towards ensuring that there are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is made up of an assortment of minerals that occur naturally and are laid out 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 variety of industrial products, such as insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These illnesses can have a long latency time and sufferers may not be symptomatic for up to 20 years after exposure.

Many people worry that they might have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is damaged. Homeowners should inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a home remodel that could disturb it, you should consult with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, you should seek advice from a physician. They can conduct various tests to determine if you have symptoms that are related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment where you are exposed asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe if you follow the correct precautions. Asbestos removal must be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must adhere to federal and state regulations on how the work is carried out. This includes properly covering and disposing of all waste resulting from the project. Unsafe handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. This is the reason strict regulations are in place to stop this from happening.

If asbestos is in good shape and has not been affected, it will not pose a health threat. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you begin work. This will permit the professional to determine whether the material requires to be abated before starting any work and will also ensure that it is treated, packaged in a way that is labeled, transported and disposed of according to the rules of the government.

It is unlawful for anyone to work with asbestos without a license anyone who is in violation of these rules face large fines. If you suspect that asbestos has been improperly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is important to keep the material wet during the removal process. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it off. Once asbestos has been removed, it needs to be stored in plastic bags or tarps that are double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste and removed in a leak-proof vehicle.

Alternately small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal any damage. These are available at shops that specialize in asbestos materials and safety products. For more details on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.