Is Asbestos Legal?

While asbestos is still banned, several legislative proposals with incremental provisions have been floated through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws vary from state to state however, in general, property owners must ensure that their structures safe and inform employees of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in construction due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers, however they can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in more than 3000 products. If you are concerned that your workplace or home might contain asbestos, a qualified inspector should be able to inspect the area. A professional can assist you in determining what should be done if this material is present in your property and will work with an abatement professional if necessary.

You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It is often difficult to prove a defendant's fault. In certain instances, victims may seek compensation under a doctrine of strict liability. This type of claim does not require the four elements of negligence to be proved however, instead it relies on the fact that the product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of liability and tell whether this theory applies to your situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate education in safety. This obligation can extend to owners of buildings where asbestos is used when it is believed that those buildings are utilized by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who comply with this procedure are required to provide "bankruptcy funds" which pay victims of injury pennies on the dollars of their past losses. This system has been criticized due to its lack of transparency as well as the fact that it does not provide workers with future compensation.

Congress looked at, but did not pass, legislation that would have created a $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed asbestos was banned since it is no longer a commonly used building material. However, the United States is one of the few industrialized nations that does not ban asbestos despite the fact that it's known to cause cancer in any quantity. Our lawyers and the rest the international anti-asbestos campaign continue to work day in and day out on this issue.

In 1989 the year 1989, EPA issued a regulation that banned the importation, manufacture, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and purchase it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another major step towards a ban in 2019 when it issued the final rule, which strengthens the agency's capacity to stop asbestos-containing products from coming back onto the market.

However, trade organizations are trying to stop the EPA's attempt to ban asbestos. The trade groups argue that a ban will affect the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case, and they are turning to lawmakers who have ties to asbestos-related industries.

This is a battle that our company has been involved in for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and hazardous substance in the United States. This is a huge move to ensure that there are no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. These materials are known for their strength, flexibility and resistance to chemical and fire. These properties make them useful in a number of industrial items, including 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 a few examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases like mesothelioma or asbestosis. These diseases have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. The majority of the time asbestos in good condition will not release fibers unless they are disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a home remodel that could cause damage to it, you should check with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good condition there is no need to eliminate it. Consult your physician if you are worried about your health. They can recommend a range of tests to determine if you are experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally the laws of the state oblige public employees to have the same protections. If you work in a public building that is exposed to asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to evaluate your home. These professionals can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the appropriate precautions are followed. Because of this, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, he or she must follow all state and federal regulations. This includes covering and removing all waste from the project. The improper handling and disposal of asbestos can expose workers and the public to asbestos-related illnesses, such as lung cancer and mesothelioma. This is the reason strict regulations are in place to stop this from occurring.

If asbestos is in good shape and is not affected, it will not be a health risk. It is however recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before beginning any work. This will enable the professional to determine whether the material requires to be abated before starting any work. They will also ensure that it is handled, packaged in a way that is labeled, transported and then disposed of in accordance with regulations set by the government.

Anyone who works with asbestos without a permit is violating the law, and those who do face heavy penalties. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To prevent the release of fibers into air, it is crucial to keep the material wet throughout the removal process. Spraying the material prior to getting rid of it using a detergent or water spray can help in this. After the asbestos is removed, it must be placed into thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste and then disposed in a leak-proof car.

In addition, small areas of asbestos that are in good condition can be covered with commercial products that are designed to make holes or seal the damage. These are available at shops which specialize in asbestos materials and safety items. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.