Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state but generally, property owners are required to keep their premises secure and inform workers of any potential dangers.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was once employed in construction because it was fire resistant, chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even in the present, asbestos can be 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 when asbestos is found on your property and collaborate with an abatement contractor in the event of a need.

You can file a suit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain cases, victims may pursue damages based on a 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 was intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of liability and tell you on the possibility of applying this theory in your situation. Employers are also required to offer safe working conditions for their employees and adequate training in safety. This obligation can be extended to owners of buildings who use asbestos, if they are aware third-party employees will use the buildings.

Many asbestos producers avoided liability through bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of past losses. This system has been criticized for its lack of transparency as well as the fact that it does not guarantee future compensation for workers.

Congress considered but did not adopt, legislation that would have created a $140 billion trust fund for asbestos to be used in lieu of litigation. The legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have believed that asbestos was banned. The United States is one the few industrialized nations that do not ban asbestos despite its cancer-causing properties. This is a problem that our lawyers and the world's anti-asbestos movement continue to tackle every single day.

The first step toward a ban came in 1989 when the EPA issued a rule banning the production, importation, 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 is still utilized in some manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos is now on the list of chemicals that require a risk assessment. The EPA made another significant step towards a ban in 2019, when it released a final rule that bolsters the agency's capability to prevent asbestos-containing products from coming back onto the market.

Trade groups continue to stop the EPA's attempt to ban asbestos. They argue that a ban on asbestos would threaten the country's chlorine supply and argue that there are safer options in place of asbestos. They have hired experts and consultants to make their case and are now turning to lawmakers who are connected to asbestos-related industries.

This is a war that our firm has been involved in for over 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a major step to ensure that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Know if You Have Asbestos

Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. They are known for their strength, flexibility and resistance to fire and chemicals. These properties make them useful in a number of industrial items, including insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is damaged. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears slightly damaged, or if you plan to remodel your home and alter it in any way, consult an asbestos abatement expert for a thorough examination.

If asbestos is in good health, there is no need to eliminate it. Consult your physician if you are worried about your health. They can order a variety of tests to determine if there are symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public facility that is exposed to asbestos, your employer must provide you with information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to examine your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. Asbestos removal is best performed by experts who have been trained and licensed in the proper handling of the material. If homeowners decide to remove asbestos from their home, he or she must follow all federal and state regulations. This includes covering up all waste generated by the project and disposing it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos attorney-related diseases such as mesothelioma and lung disease. To avoid this strict rules have been put in place.

If asbestos is in good condition and is not disturbed, it should not pose a health threat. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected prior to start the work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also make sure that it is handled wrapped, labeled, and transported according to the government regulations.

Anyone who uses asbestos without a permit is in violation of the law, and violators face severe fines. If you suspect that asbestos has not been properly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into air, it is essential to keep the material hydrated during the removal process. Spraying the asbestos prior to removal with a detergent or water spray can aid in this. After the asbestos is removed, it has to be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste and disposed in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition with commercial items that seal holes and repair damage. These products are available at stores that specialize in asbestos materials and safety equipment. For more information about how to remove asbestos, see How to Remove Asbestos.