Is Asbestos Legal?

Congress has approved several incremental legislation proposals despite the fact asbestos is still banned. One of them is 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.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary from state to state, but generally, property owners are required to keep their premises safe and inform workers of any potential dangers.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can cause serious health problems including mesothelioma, lung cancer, and asbestosis. Symptoms can take 15 to 30 years to appear after exposure. Even today, asbestos is present in more than 3,000 different products. A certified inspector should examine your home or work place in the event that you suspect it could contain asbestos. A professional can advise you on what must be done in the event that asbestos is present on your property and collaborate with an abatement company should it be necessary.

You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving the defendant's negligence is a challenge. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim removes the need to prove the four elements of negligence and relies instead on the fact that the product was dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform you if this theory is applicable to your situation. The law also requires employers to provide secure working conditions and safety education to employees. This obligation can be extended to owners of buildings who use asbestos if they are aware that employees from other companies will be using those structures.

Many asbestos manufacturers escaped the risk of 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 their previous losses. This system is criticised for its lack of transparency and because it doesn't cover future compensation.

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

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have believed the mineral was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its well-known cancer-causing properties. This is an issue our lawyers and the rest of the world's anti-asbestos movement continue to work on each day.

The first step toward the ban was in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still employed in a few manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it for different purposes.

In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk evaluation. In the year 2019, EPA took a major step towards an asbestos ban when it published an order that bolstered the agency's capabilities to prevent asbestos-containing product from returning to the market.

Trade groups are once again trying to block the EPA's effort to prohibit asbestos. They claim that the asbestos ban would be a threat to the supply of chlorine in the United States and claim that there are better alternatives to asbestos. They have hired experts and consultants to help argue their case, and they are turning to lawmakers who are connected to asbestos-related industries.

This is a war that our company has been involved in for over 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is an important move to ensure that there are no more 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 made up of a grouping of minerals that are naturally occurring and are formed into long, fine fibres. These materials are regarded as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a range of industrial products including insulation.

Because asbestos is so versatile, it is used in a myriad of household and commercial items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other common building materials.

When asbestos is disturbed it releases dangerous fibres into the atmosphere. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases like mesothelioma and 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 worry that they might have asbestos in their homes. Most of the time asbestos in good state will not release any fibers unless they are disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a home remodel that could disturb it, you must consult with an asbestos removal specialist for further examination.

If asbestos is in good shape there is no reason why you should remove it from your home. If you are concerned about your health, you should seek advice from a physician. They can order a variety of tests to see whether you're suffering from 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 exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer is required to provide you with the information needed to find a contractor that can remove asbestos claim. Contact an environmental inspection firm to examine your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos removal is safe if you take the right precautions. Asbestos removal should 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 comply with all state and federal regulations. This includes covering and removing all waste resulting from the project. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To prevent this, strict regulations have been enacted.

If asbestos is in good condition and isn't damaged, it is unlikely to pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected before you begin your work. This will enable the professional to determine whether the material must be removed prior to beginning any work. They will also ensure that it is treated, packaged and labeled before being transported and disposed of in accordance with the regulations of the government.

It is illegal for anyone to work with asbestos without a permit, and those who violate these rules face large fines. If you suspect that asbestos has not been properly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material should be kept wet at all times to reduce the release of airborne fibers. This can be accomplished by spraying the material with a detergent or water mist prior to removing it. Once asbestos has been removed, it should be stored in plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These products are sold in stores that specialize on asbestos materials and safety equipment. Check out How to Get rid of Asbestos to learn more on how to cover and Asbestos Legal dispose of asbestos properly.