Is Asbestos Legal?

While asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be evaluated and reviewed.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, however, in general, property owners are obliged to keep their properties safe and inform employees of any risks that might be present.

The Law

Asbestos is a range of naturally occurring minerals. It was previously used in construction as it was fire resistant, chemical corrosion resistant, and insulates. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer and asbestosis. Following exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in over 3,000 different products. If you are concerned that your workplace or home may contain asbestos, an experienced inspector should be able to inspect the area. A qualified professional can help you decide what steps to take should asbestos be present in your workplace or at home and will collaborate with a contractor when needed.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, victims might be able to pursue damages under the theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform you on the possibility of applying this theory to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training for employees. This obligation could be extended to owners of buildings who employ asbestos if they know that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not guarantee future compensation for workers.

In an effort to protect the public, Congress has considered but did not pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it's not a typical building material. The United States is one the few industrialized nations that do not prohibit asbestos, despite its proven cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos movement continue to work on every day.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court upheld most of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for different purposes.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. In 2019, the EPA took a major step towards an asbestos ban when it published a rule that strengthened the agency's capacity to stop asbestos-containing product from returning to the marketplace.

However, trade organizations are attempting to stop the EPA's efforts to prohibit asbestos. The trade groups argue that a ban would jeopardize the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired consultants and experts to aid them in making their case. They're also reaching out to lawmakers who have ties to asbestos.

Our company has been fighting this battle for more than 15 years. We are proud to be with our global partners in the International Ban asbestos settlement Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant move to ensure that there is no longer a chance for 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 a class of naturally occurring minerals that are placed in long, thin fibers. These materials are known for their durability, flexibility, and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products like insulation.

Because asbestos is extremely versatile, it's utilized in a myriad of buildings and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These illnesses can be extremely latency-prone and sufferers may not show symptoms for up to 20 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good health is not likely to release fibers until it is disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a remodel which could impact it, you should consult with an asbestos removal specialist for a more thorough examination.

If asbestos is in good condition there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can conduct a variety of tests to see whether you are suffering from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally the laws of the state oblige public employees to have the same protections. If you work in a public facility where you are exposed asbestos, your employer must give you information on how to contact an asbestos abatement contractor. You should also call an environmental inspector to evaluate your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. Asbestos removal must be performed by experts who have been trained and licensed in the proper handling of the substance. If homeowner decides to take away asbestos from their home, he or she must adhere to all federal and state regulations. This includes covering and removing any waste from the project. The improper handling and disposal of asbestos can expose workers and the public to asbestos-related diseases, like lung cancer, and mesothelioma. To avoid this strict guidelines have been put in place.

Asbestos that is in good shape and is not disturbed could not pose any health risks. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected prior to begin your work. This will enable the professional to determine whether the material should be removed prior to beginning any work. It will also ensure that it is handled, packed and labeled before being transported and disposed of in accordance to the rules of the government.

Anyone who works with asbestos without a permit is in violation of the law. Those who break it are liable for heavy fines. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

When removing asbestos, the material should be kept moist at all times to reduce the release of airborne fibers. Spraying the material prior to getting rid of it using a detergent or water spray will help achieve this. After the asbestos is removed, it must be put into plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition with commercial items that seal holes and repair damage. These are sold at stores that specialize in asbestos products and safety equipment. For more information about how to cover asbestos and dispose of it, see How to Remove Asbestos.