Is Asbestos Legal?

Congress has passed several incremental legislations despite the fact asbestos is still banned. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's priority list of chemicals to be reviewed and assessed for risk.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. State laws differ, but in general property owners are required to keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was once employed in construction because it was fire-resistant as well as chemical corrosion resistant and insulates. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, cancer of the lung and asbestosis. The symptoms can take between 15 and 30 years to manifest after exposure. Even today, asbestos is still present in more than 3,000 different products. If you are concerned that your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can help determine what must be done when asbestos is found in your home and will collaborate with an abatement company when needed.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. It can be difficult to prove the defendant's guilt. In some cases, the victims could be able to claim damages on the basis of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the different kinds of strict liability and negligence and can advise on whether this theory applies to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety training for employees. This obligation could be extended to owners of buildings who use asbestos if they know that third-party employees will use those buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

Congress was able to consider but failed to pass, legislation that would have created a $140 billion trust fund for asbestos instead of pursuing litigation. This legislation would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in construction materials, and many Americans might have assumed that the mineral was prohibited. However, the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact asbestos has been proven to cause cancer in any amount. This is a problem that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day.

In 1989, the EPA issued a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the material and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos has been added the list that requires an assessment of risk. The EPA took another step towards a ban 2019, when it released an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.

However, trade groups are once again trying to stop the EPA's efforts to stop asbestos from being used in construction. They argue that a ban on asbestos would be a threat to the supply of chlorine in the United States and claim that there are alternatives in place of asbestos. They have hired experts and consultants to help them make their argument. They're also reaching out on lawmakers who have connections to asbestos.

This is a battle that our company has been involved in for over 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a significant step to ensure that nobody else Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is made up of a grouping of minerals that naturally occur and are formed into long, fine fibres. These minerals are regarded as being strong, 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 items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are some examples. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces and other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases, such as mesothelioma or asbestosis. These diseases can be extremely latency-prone and sufferers may not show symptoms for 20 to 50 years following exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is agitated. Homeowners should check the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to remodel your house and alter it in any way, you should consult an asbestos law abatement expert for a thorough examination.

If asbestos is in good health there is no reason to remove it. If you are concerned about your health, consult a physician. They can perform various tests to determine if there are symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-rich building, your employer must provide you with the information needed to contact a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. The experts can examine and test your home.

How to Remove Asbestos

Asbestos is safe to remove provided the proper precautions are followed. Asbestos removal should only be performed by experts who have been certified and trained in the proper handling of the substance. If homeowners decide to remove asbestos from their home, he or she must follow all federal and state regulations. This includes covering all the waste produced 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 such as mesothelioma cancer and lung disease. To stop this from happening strict rules have been enacted.

Asbestos in good health that will not be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you begin work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also ensure that it is properly handled in a safe manner, packaged, labeled and transported in accordance with the regulations of the government.

It is illegal to work on asbestos without a valid license anyone who is in violation of the rules are subject to severe fines. If you suspect that improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

To minimize the release of fibers into the air, it's important to keep the material damp during the removal process. This can be achieved by spraying the material with a mist of detergent and water prior to taking it away. After the asbestos is removed, it must be placed in heavy plastic bags or tarps double-wrapped and sealed by tape. This material should be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Additionally, small areas of asbestos that are in good condition can be covered with commercial products that are designed to repair holes and seal damages. These are available at stores that specialize in asbestos-related materials and safety items. See How to Get Asbestos Out for more information on how to cover and dispose of asbestos safely.