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Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been passed through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the an EPA priority list of chemicals to be evaluated and reviewed.

Property owners are also liable for asbestos-related injuries, as are mining companies. Laws vary by state however, in general, property owners must ensure that their buildings safe and notify workers of potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even today, asbestos is still found in more than 3,000 products. If you are concerned that your workplace or house may contain asbestos, a qualified inspector should be able to inspect the area. A professional can help you determine what should be done in the event that asbestos is present within your home or workplace and collaborate with an abatement company in the event of a need.

You may file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim eliminates the need 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 various types 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 their employees. This obligation can be extended to property owners who employ asbestos if they know that employees from other companies will be using those structures.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to create "bankruptcy funds" which pay victims of injury pennies based on their previous losses. This system is often criticized for the inconsistency of the system, and because it does not cover future compensation.

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

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it's no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. This is an issue our lawyers and the rest of the international anti-asbestos movement continue to fight every day.

The first step towards a ban came in 1989 when the EPA issued a rule banning the production, importation and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and buy it from mining operations.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list that requires an assessment of risk. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an act that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the marketplace.

Trade groups are trying to block the EPA from banning asbestos. These groups claim the ban on asbestos will harm the nation's supply of chlorine and argue that there are better alternatives to asbestos. They have hired consultants and experts to aid them in making their argument. They are also turning to legislators with ties to asbestos.

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

How to Know if You Are Suffering from Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. They are known for their strength, flexibility and resistance to chemical and fire. These qualities made them useful in a variety of industrial products such as insulation.

Asbestos is used in a variety of building and household items. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces as well as pipes in schools, and many other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These illnesses have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Asbestos in good shape is unlikely to release any fibers until it is damaged. Homeowners should inspect the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a home remodel that could cause damage to it, you should check with an asbestos removal specialist to conduct a further inspection.

If asbestos is in good condition there is no reason to remove it from your home. Consult your physician if you are worried about your health. They can conduct a variety of tests to determine if you are experiencing symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees receive the same protection. If you work in a public building where you are exposed asbestos, your employer should provide details on how to reach an asbestos abatement contractor. Contact an environmental company to examine your home. The experts can inspect your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the proper precautions are taken. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos from their house, they must comply with federal and state laws regarding the manner in which they do it. This includes properly covering every waste product generated by the project, and then disposing of it. Improper handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To avoid this strict guidelines have been put in place.

If asbestos is in good shape and is not affected, it will not pose a health threat. It is however recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos expert prior to starting the work. This will allow the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is handled, packaged, labeled, transported, and disposed of in compliance to the rules of the government.

It is illegal for anyone to work with asbestos without a permit anyone who is in violation of the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is essential to keep the material hydrated during the removal process. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to taking it off. After the asbestos has been removed, it needs to be placed in large plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos that are in good condition using commercial products that fill in holes and seal any damage. These are sold at stores that specialize in asbestos-related materials and safety products. See How to Remove Asbestos for more details about how to cover and dispose asbestos in a safe manner.