Is Asbestos Legal?

Although asbestos remains banned, several legislative proposals with incremental provisions have been passed through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's list of priority chemicals to be evaluated for risk and review.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, in general, property owners must keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibres can cause serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3,000 different products. If you think your workplace or home may contain asbestos, an experienced inspector should inspect the area. A professional can tell you what steps to take when asbestos is found in your home or workplace and work with a contractor should it be necessary.

You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove the defendant's guilt. In certain cases, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you if this theory applies in your situation. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation could be extended to owners of buildings who employ asbestos when they are aware that third-party employees will use the structures.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who comply with this procedure are required to pay "bankruptcy funds" which pay victims of injury pennies on the dollars of their losses in the past. This system is criticized for the inconsistency of the system, and since it doesn't cover future compensation.

Congress considered but did not adopt legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it's no longer a common building material. The United States is one the few industrialized countries that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work every day to address this issue.

The first step towards a ban came in 1989 when the EPA issued a directive prohibiting the importation, manufacturing and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other purposes.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added the list that requires a risk assessment. In 2019, the EPA took a major step towards an asbestos ban when it published an order that bolstered the agency's capacity to stop asbestos-containing products from resurfacing on the market.

However, trade organizations are attempting to stop the EPA's attempt to stop asbestos from being used in construction. They claim that the asbestos ban would affect the supply of chlorine in the country and claim that there are safer options in place of asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers who are connected to asbestos-related industries.

Our firm has been fighting this battle for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is a significant step in ensuring that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is made up of a collection of minerals that occur naturally and are organized into long, thin fibers. These materials are known as being strong, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, such as insulation.

Because asbestos is so versatile, it's used in a range of household and building items. Examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed, it releases dangerous fibres into the air. Inhaling these microscopic fibers can enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Asbestos in good shape will not release fibers until it is disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged, or if you plan to remodel your house and disturb it in any way, you must seek out an asbestos abatement professional for a second inspection.

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

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. In addition the laws of the state oblige public employees to have the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer should provide details on how to contact an asbestos settlement abatement contractor. You should also contact an environmental inspection company to examine your home. They can test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed provided the proper precautions are taken. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must adhere to all federal and state regulations. This includes properly covering every waste product generated during the process and properly disposing it. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To prevent this, strict regulations have been put in place.

Asbestos that is in good shape and can't be disturbed may not pose 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 professional before starting the work. This will allow a professional to determine whether the material requires removal prior to starting any work. It will also ensure it is handled, packed, labeled and transported in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit is violating the law. Those who break it are subject to heavy penalties. If you suspect that an improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

During the removal of asbestos, the material should be kept moist constantly to minimize the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to removing it. After the asbestos has been removed, it needs to be placed in thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste and then disposed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition using commercial products that can fill holes and seal damages. These are available at shops that specialize in asbestos compensation-related materials and safety equipment. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.