Is Asbestos Legal?

Congress has approved a variety of incremental legislations despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals to be evaluated for risk and review.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws differ from state to state, however, in general, property owners are required to ensure their buildings are secure and inform workers of any dangers that could be present.

The Law

Asbestos is a range of naturally occurring minerals. It was once employed in construction because it was fire-resistant, chemical corrosion resistant and insulates. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even in the present, asbestos is present in more than 3,000 different products. If you suspect your home or workplace may contain asbestos, an experienced inspector should check the area. A professional can advise you on what you should do if asbestos is present within your home or workplace and can work with a contractor should it be necessary.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence can be difficult. In some 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 was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform you if this theory is applicable in your situation. The law also requires employers to provide safe working conditions and adequate safety training for their employees. This obligation can be extended to property owners who employ asbestos, if they are aware employees from third parties will be using the buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system is criticised for its lack of transparency, and because it doesn't cover future compensation.

Congress considered but did not adopt legislation that would have created a $140 billion trust fund for asbestos instead of pursuing litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies for compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it is no longer a commonly used building material. The United States is one the few industrialized nations that do not prohibit 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.

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

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA took a further step towards a ban 2019, when it released the final rule, which strengthens the agency's ability to prevent asbestos-containing items from returning to the market.

However, trade groups are once again trying to stop the EPA's efforts to ban asbestos. They argue that a ban could threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers who have ties to asbestos's industry.

Our firm has been fighting this fight for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and harmful substance in the United States. This is a huge step to ensure that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is made up of an assortment of minerals that are found naturally and are arranged into long, thin fibres. These materials are known as being flexible, strong and resistant to fire and chemicals. These qualities made them suitable in a number of industrial products, like insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung conditions like mesothelioma or asbestosis. These diseases have a long latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. The majority of the time asbestos in good condition will not release fibres unless they are disturbed. Examine the material for water damage, abrasions or tears. If the material is damaged or you are planning to remodel your home that could disturb it, you must consult with an asbestos abatement specialist for a more thorough examination.

If asbestos is in good health there is no need to get rid of it. Consult your physician if you are concerned about your health. They can conduct various tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally the laws of the state require public employees to be provided with the same protections. If you work in an asbestos-rich building your employer is required to provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental inspection company 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 take the proper precautions. Asbestos removal must be performed by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering all the waste produced by the project and disposing it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. To prevent this strict regulations have been put in place.

If asbestos is in good shape and will not be disturbed, it should not pose a health risk. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before beginning the work. This will allow a professional to determine whether the material requires removal prior to beginning any work. It will also ensure that it is handled in a safe manner, packaged, labeled and transported in compliance with the guidelines of the government.

Anyone who works with asbestos without a permit is breaking the law. Those who break it face severe penalties. If you suspect that improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.

In the process of removing asbestos, the material should be kept wet at all times to reduce 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 needs to be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified 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 products can be found in stores that specialize in asbestos-related products and safety equipment. Learn How to Remove Asbestos for more details about how to cover and dispose asbestos properly.