Is Asbestos Legal?

Although asbestos is still banned various legislative proposals that are incremental have churned through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated for risk and review.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws vary from state to state but generally, property owners must ensure that their buildings safe and warn employees of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once popular in construction due to its fire-resistant chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however, can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3,000 items. A certified inspector should examine your workplace or home if you suspect it may contain asbestos. A professional can advise you on what should be done should asbestos legal be found within your home or workplace and collaborate with an abatement company if necessary.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. It is often difficult to prove the defendant's guilt. In some cases, victims can seek compensation under a doctrine of strict liability. This type of claim removes any need to prove four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the different types of negligence and strict liability and will advise you on whether this theory is applicable to your particular situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate education in safety. This obligation can be extended to building owners who employ asbestos if they know that third-party employees will use those buildings.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system is often criticized for the inconsistency of the system, and because it does not provide future compensation.

In a bid to protect the public, Congress has considered but did not pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. The bill would have taken money kept in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in construction materials, and a lot of Americans may have assumed that the mineral was prohibited. However, the United States is one of the few industrialized nations that doesn't ban asbestos, despite the fact that asbestos is known to cause cancer in any amount. This is a problem that our lawyers and the international anti-asbestos movement continue to tackle every single day.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the importation, manufacturing and processing of all asbestos-containing products. However, the chemical industry sued and the court ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the substance and buy it from mining operations.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an order that bolstered the agency's ability to stop asbestos-containing products from returning to the marketplace.

However, trade groups are once again trying to stop the EPA's attempt to prohibit asbestos. These groups argue that a ban would jeopardize the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to argue their case and are now looking to lawmakers who are connected to asbestos-related industries.

This is a battle our company has been involved in 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 bans the dangerous 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, men and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

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

Asbestos is utilized in a variety of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, and many other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These illnesses can have a long time of latency and sufferers may not show symptoms for a period of 20 to 50 years following exposure.

Many people are concerned that they have asbestos in their home. Asbestos in good shape is not likely to release fibers until it is damaged. Check the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you are planning to make changes to your home or alter it in any way, it is recommended to consult an asbestos abatement expert for a further inspection.

If asbestos is in good condition, there is no reason why you should remove it from your home. If you are concerned about your health, you should consult a doctor. They can perform various tests to determine if you suffer from symptoms relating to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public place in which you are exposed to asbestos, your employer must give you information on how to contact an asbestos removal contractor. Contact an environmental inspection company to assess your home. They can examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed, provided the proper precautions are followed. Asbestos removal is best performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must comply with all state and federal regulations. This includes properly covering any waste generated during the project and properly disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. To prevent this strict regulations have been enacted.

If asbestos is in good shape and isn't affected, it will not be a health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition checked prior to when you begin the work. This will let the professional know if the material needs to be removed prior to commencing any work. They will also ensure that it is handled, packaged and labeled before being transported and disposed of according with government regulations.

Anyone who works with asbestos without a permit is in violation of the law, and those who do are liable for heavy fines. If you suspect that asbestos was not properly removed from your property, call your county or state environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos, the material needs to be kept wet all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a mist of water or detergent prior to removing it. Once asbestos has been removed, it must be stored in plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste, and disposed in a leak-proof car.

You can also protect small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. These are available at shops that specialize in asbestos materials and safety products. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.