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Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of these proposals, 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.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws differ from state to state, but generally, property owners are required to keep their buildings safe and inform workers of any possible dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical resistance and insulation properties. However, inhaling asbestos fibres can lead to serious health issues like lung cancer, mesothelioma and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A professional can help determine what must be done in the event that asbestos is present in your property and will collaborate with an abatement contractor should it be necessary.

It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, victims may be able to seek damages under the theory of strict liability. This type of claim removes 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 provide information on the various types of strict liability and negligence and advise you on whether this theory applies to your particular situation. The law also requires that employers provide secure working conditions and safety training for employees. This obligation could be extended to owners of buildings who employ asbestos when they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of past losses. The system is criticized for the inconsistency of the system, and because it does not cover future compensation.

Congress looked at but did not adopt, legislation that would have established an investment fund of $140 billion for asbestos instead of pursuing litigation. This legislation would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in construction materials, and a lot of Americans might have assumed that the mineral was not allowed. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to work daily to address this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the material and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list that requires an assessment of risk. In the year 2019, the EPA took a major step towards the ban when it issued a rule that strengthened the agency's abilities to prevent asbestos-containing product from returning to the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that a ban would threaten the country's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their case. They are also reaching out to lawmakers with ties to asbestos.

This is a war that our firm has been involved in for more than 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and harmful substance in the United States. This is a significant step to ensure that no other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to Tell if you have asbestos

Asbestos is a group of naturally occurring minerals that are arranged in thin, long fibers. They are known for being flexible, strong and resistant to fire and chemicals. These qualities made them useful in a range of industrial products such as insulation.

Because asbestos is so versatile, it's used in a variety of buildings and household products. Some examples include floor asbestos tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, 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, such as mesothelioma or asbestosis. These lung diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to make changes to your home or alter it in any way, seek out an asbestos abatement professional to conduct a more thorough inspection.

If asbestos is in good condition there is no reason to remove it. If you are concerned about your health, consult with a physician. They can perform a variety of tests to see whether you are suffering from symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building, your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also seek out an environmental inspection company to evaluate your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos removal is secure if you follow the correct precautions. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by state and federal regulations regarding how to complete the task. This includes covering all waste generated during the project and properly disposing of it. Improper handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is why strict regulations are in place to prevent this from occurring.

If asbestos is in good shape and will not be damaged, it is unlikely to pose a health threat. However, it is highly recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will let the professional know if the material needs to be removed prior to beginning any work. It will also ensure that it is treated, packaged and labeled before being transported and then disposed of in accordance to the rules of the government.

It is unlawful for anyone to work with asbestos without a permit, and those who violate the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material needs to be kept wet constantly to minimize the release of airborne fibers. This can be accomplished by spraying the material with a mist of water or detergent prior to taking it off. Once asbestos has been removed, it needs to be placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof car.

Alternatively small areas of asbestos in good condition can be covered with commercial products that are designed to make holes or seal the damage. These are products can be found in stores that specialize on asbestos claim-related products and safety equipment. For more information about how to cover asbestos and dispose of it read How to Remove Asbestos.