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Is Asbestos Legal?

Although asbestos is still banned several legislative proposals with incremental provisions have been tossed around Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners could also face liability for asbestos-related injuries. Laws vary state-to-state but generally, property owners are required to keep 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 due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. If you believe your home or workplace may contain asbestos, a qualified inspector should check the area. A professional can tell you what you should do should asbestos be present in your workplace or at home and can work with a contractor should it be necessary.

It is possible to file 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 seek damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the different kinds of negligence and strict liability and can advise on whether this theory is applicable to your situation. The law also requires employers to provide secure working conditions and safety education to employees. This requirement can also apply to the owners of structures where asbestos is used when it is determined that the buildings will be used by employees of a third party.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who do this are required to provide "bankruptcy funds" that pay injured victims pennies based on their losses in the past. This system is often criticized for its lack of transparency, and because it doesn't cover future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation that would create a $140 billion asbestos trust fund to replace litigation. The bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have assumed that the mineral was prohibited. However it's true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact asbestos has been linked to cancer in any amount. This is a matter that our lawyers and the world's anti-asbestos community continue to tackle every single day.

The first step toward prohibition came in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical companies sued and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the material and buy it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an order that bolstered the agency's ability to stop asbestos-containing products from coming back to the market.

However, trade groups are trying to stop the EPA's plan to prohibit asbestos settlement. They argue that the ban on asbestos will threaten the country's chlorine supply and claim that there are safer options than asbestos. They have hired experts and consultants to make their case, and they are turning to lawmakers with ties to asbestos companies.

Our firm has been fighting this battle for more than 15 year. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is an important step to ensure that no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases have a lengthy latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their home. Asbestos in good shape is not likely to release fibers until it is agitated. Be sure to inspect the material for asbestos legal water damage, abrasions, or tears. If the material is damaged or you are planning a renovation that could disturb it, you must consult an asbestos abatement expert for further inspection.

If asbestos is in good shape there is no need to get rid of it. See your doctor if are worried about your health. They can conduct various tests to determine if there are symptoms that are related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should give you information on how to reach an asbestos abatement contractor. Contact an environmental inspection firm to examine your home. They can conduct a test on your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe when you take the right precautions. Asbestos removal must be done by experts who are trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must follow all federal and state regulations. This includes properly covering and disposing of any waste from the project. Incorrectly handling and disposing of asbestos could expose workers and others to asbestos-related ailments, like lung cancer and mesothelioma. To avoid this strict regulations have been enacted.

If asbestos is in good condition and isn't disturbed, it may not be a health risk. However, it is highly recommended 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. They will also ensure that it is treated, packaged and labeled before being transported and disposed of according with regulations set by the government.

Anyone who uses asbestos without a permit is breaking the law. Those who break it are subject to heavy fines. If you suspect that asbestos has not been properly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept wet at all times to reduce the release of airborne fibers. Spraying the material prior to removal with a detergent or water spray will help achieve this. After the asbestos law has been removed, it should be placed in large plastic bags or tarps double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste and disposed in a leak-proof car.

Alternately small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal any damage. These are products can be found in stores that specialize in asbestos-related products and safety gear. Find out How to Get Asbestos Out for more information about how to cover and dispose asbestos properly.