Is Asbestos Legal?

Although asbestos is still banned several legislative proposals with incremental provisions have been passed through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's priority list of chemicals to be evaluated and reviewed.

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

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was once used in construction because it was fire-resistant as well as chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however they can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. If you believe your workplace or home may contain asbestos, a qualified inspector should inspect the area. A professional can advise you on what steps to take should asbestos be found within your home or workplace and collaborate with an abatement contractor when needed.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, victims can pursue damages based on a theory of strict liability. This type of claim removes the need to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory applies to your particular situation. The law also requires employers to provide safe working conditions as well as adequate safety training for employees. This requirement can also apply to owners of buildings where asbestos is used in the event that it is established that the buildings will be used by third party employees.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to create "bankruptcy funds" which pay victims of injury pennies on their previous losses. 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 failed to pass legislation to establish a $140 billion asbestos trust fund to replace litigation. This bill would have taken money held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have believed asbestos was banned since it is no longer a widely used building material. However it's true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact asbestos has been linked to cancer in any quantity. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily on this issue.

The first step towards an end to the ban came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos remains used in some manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it to use for other uses.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, EPA made a significant step towards the ban when it issued an order that bolstered the agency's capacity to stop asbestos-containing products from returning to the market.

Trade groups continue to stop the EPA's efforts to prohibit asbestos. These groups claim a ban on asbestos would threaten the country's chlorine supply and asbestos argue that there are safer options to asbestos. They have hired experts and consultants to help argue their case and are now looking to legislators who have ties to the asbestos industry.

Our company has been fighting this battle for more than 15 year. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA prohibits this harmful and deadly substance in the United States. This is an important step toward ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Tell if you have asbestos

Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These properties made them useful in a number of industrial products, like insulation.

Asbestos can be found in many different types of building and household items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These illnesses can have a long time of latency and patients might not experience symptoms for up to 20 years following exposure.

Many people worry about asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is damaged. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to remodel your house and alter it in any way, you must seek out an asbestos abatement professional for a further inspection.

If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can order a variety of tests to determine if you are experiencing symptoms related to asbestos exposure.

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 should give you information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to examine your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. Asbestos removal is best done by professionals who are certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos materials from their home, they must abide by federal and state laws regarding the manner in which they do it. This involves properly covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos case could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to stop this from happening.

Asbestos that is in good condition and won't be disturbed might not pose any health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you begin work. This will enable a professional to determine whether the material requires removal prior starting any work. It will also make sure that it is handled properly, packed, labeled, and transported in compliance with the government regulations.

Anyone who is working with asbestos without a permit is in violation of the law, and violators are subject to heavy fines. If you suspect that asbestos was improperly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept wet throughout the process to prevent 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 has been removed, it should be stored in plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos in good condition using commercial products that seal holes and repair damage. They are available in stores that specialize in asbestos materials and safety equipment. For more details about how to cover and dispose of asbestos read How to Remove Asbestos.