Is Asbestos Legal?

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

In addition to mining businesses, property owners may be held accountable for asbestos litigation-related injuries. Laws vary state-to-state however, generally property owners must ensure that their premises safe and inform employees of potential dangers.

The Law

Asbestos is an assortment of naturally occurring minerals. It was previously employed in construction because it was fire-resistant, chemical corrosion resistant, and insulates. Inhaling asbestos fibers they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 items. If you believe your workplace or home might contain asbestos claim, a qualified inspector should inspect the area. A professional can help you determine what must be done if this material is present in your property and asbestos law will collaborate with an abatement contractor if necessary.

It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. It is often difficult to prove a defendant's fault. In certain cases, victims may be able to seek damages on the basis 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 dangerous.

An asbestos lawyer can provide information on the different types of strict liability and negligence and can advise on whether this theory applies to your situation. Employers are also required to provide safe working conditions for their employees and adequate education in safety. This obligation can extend to owners of buildings that are constructed with asbestos if it is known that those buildings are utilized by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that make this decision are required to provide "bankruptcy funds" which pay injured victim's pennies for their past losses. This system is criticized for its inconsistency of the system, and because it does not cover future compensation.

In an effort to protect the public, Congress has considered but failed to pass legislation that would create an asbestos trust fund of $140 billion fund to compensate victims of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. 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 building materials, and some Americans might have believed the mineral was banned. The United States is one the few industrialized nations that do not prohibit asbestos, despite its proven cancer-causing properties. This is a matter that our lawyers and the world's anti-asbestos community continue to work on every day.

The first step toward a ban came in 1989 when the EPA issued a directive prohibiting the manufacturing, importation and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the substance and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. In 2019, the EPA made a significant step towards a ban when it released an order that bolstered the agency's abilities to prevent asbestos law-containing products from resurfacing on the market.

However, trade groups are attempting to stop the EPA's efforts to prohibit asbestos. They argue that a ban could threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments and are now looking to lawmakers with ties to asbestos's industry.

Our firm has been fighting this battle for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the dangerous and deadly substance in the United States. This is a crucial step toward ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is minerals that are found naturally and are laid out into long, thin fibers. These materials are known for their flexibility, strength and resistance to chemical and fire. These qualities make them ideal in a number of industrial items, including insulation.

Asbestos is utilized in many different types of building and household items. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are but a few examples. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed, it releases harmful fibers into the atmosphere. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These illnesses may be long-lasting and sufferers might not experience symptoms for 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. Asbestos in good shape is unlikely to release fibers until it is agitated. Homeowners should examine the material for abrasions, tears or water damage. If the material appears slightly damaged, or if you plan to make changes to your home or disturb it in any way, consult an asbestos removal expert to conduct a more thorough inspection.

If asbestos is in good condition there is no reason not to remove it from your home. If you are concerned about your health, you should consult a doctor. They can order a variety of tests to determine whether you're suffering from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally, state laws oblige public employees to have the same protections. If you work in an asbestos-containing structure your employer is required to provide you with information on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. They can conduct a test on your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos removal is safe when you follow the correct precautions. As a result, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their home, they must adhere to the federal and state regulations for how the work is done. This includes covering every waste product generated during the process and properly disposing it. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from happening.

Asbestos that is in good condition and can't be disturbed may not pose any health risk. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will permit the professional to determine whether the material requires to be removed prior to commencing any work. It will also ensure that it is handled, packed and labeled before being transported and disposed of in compliance to the rules of the government.

Anyone who uses asbestos without a permit is violating the law, and those who do are subject to heavy fines. If you suspect improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.

During the removal of asbestos, the material must be kept moist throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray can aid in this. After the asbestos is removed, it has to be placed in thick plastic bags or tarps that are double-wrapped with tape. This material should be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.

Alternately, small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These are sold at stores that specialize in asbestos materials and safety items. See How to Remove Asbestos for more details about how to cover and dispose of asbestos properly.