Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's priority list of chemicals for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state, but in general property owners must keep their buildings safe and warn workers of any dangers that could be present.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health issues, including lung cancer, mesothelioma and asbestosis. The symptoms may take 15 to 30 years to appear after exposure. Even in the present, asbestos is present in more than 3,000 different products. A certified inspector should examine your workplace or home if you suspect it may contain asbestos. A qualified professional can help you decide what steps to take should asbestos be present in your home or workplace and will collaborate with a contractor if needed.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain 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 proved, but instead relies on the fact that a product was a risk in itself.

An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you on the possibility of applying this theory in your situation. Employers are also required to offer safe working conditions for their employees and provide adequate training in safety. This obligation could be extended to property owners who employ asbestos when they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who use this method are required to create "bankruptcy funds" which pay victims of injury pennies on the dollars of their previous losses. This system is often criticized for the lack of transparency, as well because it does not cover future compensation.

Congress considered but could not approve, legislation that would have created an $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide 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 because it is no longer a commonly used building material. However it is true that the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that it's known to cause cancer in any quantity. This is a problem that our lawyers and the rest of the international anti-asbestos campaign continue to tackle every single day.

In 1989 in 1989, the EPA issued a rule which prohibited the manufacture, importation and processing of asbestos-containing products. However chemical companies sued and the court upheld the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for other purposes.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. In 2019, the EPA took a major step towards a ban when it released an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are once again trying to block the EPA's effort to prohibit asbestos. They claim that the ban on asbestos will affect the supply of chlorine in the country and claim that there are safer options to asbestos. They have hired experts and consultants to help make their case and are now turning 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 is able to ban this dangerous and deadly substance in the United States. This is an important step in ensuring that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products including insulation.

Asbestos is used in a variety of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are a few examples. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces as well as 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. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These diseases can have a long time of latency, and victims may not notice symptoms for a period of 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is damaged. Homeowners should check the material for abrasions, tears or water damage. If the material appears slightly damaged, or if you plan to renovate your home and disturb it in any way, seek out an asbestos abatement professional for a second inspection.

If asbestos is in good shape there is no reason to remove it from your home. See your doctor if are worried about your health. They can perform a variety of tests to see whether you are suffering from symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. Additionally, state laws require public employees to be provided with the same protections. If you work in an asbestos-containing building your employer is required to provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental company to evaluate your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is secure if you take the proper precautions. This is why 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-containing materials from their house, they must comply with federal and state laws regarding the manner in which they do it. This includes covering up every waste product generated by the project and disposing it. Improper handling and disposal asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. To stop this from happening strict guidelines have been put in place.

Asbestos that is in good condition and won't be disturbed might be safe for health. It is however recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos professional before commencing the work. This will permit the professional to determine if the material needs to be sprayed prior to starting any work. It will also ensure that it is handled, packed in a way that is labeled, transported and disposed of according with the regulations of the government.

Anyone who uses asbestos without a permit violates the law, and violators face severe fines. If you suspect improper abatement 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 must be kept wet at all times to reduce the release of airborne fibers. This can be achieved by spraying the asbestos with a detergent or water mist prior to removing it. After the asbestos has been removed, it must be stored in plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof car.

You can also protect small areas of asbestos that are in good condition using commercial products that can fill holes and seal damages. They are available in stores which specialize in asbestos materials and safety items. For more information on how to properly cover asbestos and dispose of it learn about how to remove Asbestos.