Is Asbestos Legal?

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

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ from state to state, but generally property owners are required to keep their premises secure and inform workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos can be found in more than 3,000 products. If you believe your workplace or house may contain asbestos, a licensed inspector should check the area. A qualified professional can help you decide what steps to take if asbestos is present in your home or workplace and will work with a contractor when needed.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some instances, the victims can claim damages under a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.

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

Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.

Congress considered, but did not pass legislation that would have established the $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in building materials, and some Americans might have assumed that the mineral was not allowed. However the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that asbestos is known to cause cancer in any quantity. Our lawyers and 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 prohibited the manufacture, importation and processing of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos remains employed in a few manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it to use for other uses.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. In the year 2019, EPA made a significant step towards a ban when it released an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the market.

Trade groups are trying to block the EPA from banning asbestos. They argue that a ban will affect the chlorine supply in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their argument. They are also reaching out to lawmakers with ties to asbestos.

This is a battle our company has been involved in for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly chemical in the United States. This is a significant step to ensure that no more Americans suffer the same fate as 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 long, thin fibers. They are known for their toughness, flexibility and resistance to chemicals and fire. These qualities make them ideal in a variety of industrial items, including insulation.

Because asbestos is so versatile, it's employed in a variety of household and industrial products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are some examples. Asbestos is also found in ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases may have a long latency time and asbestos sufferers may not notice symptoms for 20 to 50 years following exposure.

Many people are concerned that they have asbestos in their home. Asbestos that is in good condition will not release fibers until it is agitated. Inspect the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to remodel your home and alter the material in any way, consult an asbestos abatement expert for a thorough examination.

If asbestos is in good health there is no reason to remove it. Consult your doctor if you are worried about your health. They can conduct various tests to determine if there are symptoms linked to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you work in an asbestos-containing structure the employer has to provide you with the information needed to reach a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed provided that the appropriate precautions are followed. This is why asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, they must adhere to all federal and state regulations. This includes properly covering every waste product generated during the process and properly disposing it. Improper handling and disposal asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. This is the reason strict regulations are in place to prevent this from occurring.

Asbestos that is in good condition and is not disturbed could not pose any health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition inspected before you begin your work. This will allow a professional to determine if the material requires abatement before commencing any work. It will also ensure it is properly handled properly, packed, labeled, and transported in compliance with the government regulations.

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

When removing asbestos, the material must be kept moist constantly to minimize the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray can aid in this. Once the asbestos is removed, it must be placed in heavy plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly marked as asbestos claim waste and then disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition with commercial products that can fill holes and seal damages. These products are sold in stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly cover asbestos and dispose of it learn about how to remove asbestos law.