Is Asbestos Legal?

Congress has passed several incremental legislation proposals despite the fact asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review.

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

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in more than 3,000 items. A qualified inspector should inspect your home or work place if you suspect it may contain asbestos. A professional can help you determine what needs to be done should asbestos be found on your property and work with an abatement professional when needed.

It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant’s negligence is a challenge. In some cases, the victims may be able to seek damages on the basis 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 was intrinsically dangerous.

An asbestos lawyer can explain the various types of negligence and strict liability and will be able to advise you if this theory applies to your situation. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This obligation can be extended to property owners who employ asbestos if they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who make this decision are required to create “bankruptcy funds” which pay injured victim’s pennies for their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn’t guarantee future compensation for workers.

Congress was able to consider, but did not pass legislation that would have created a $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by victim 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 banned. The United States is one the few industrialized nations that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work day in and day out to address this issue.

In 1989 the year 1989, the EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. Chemical industry filed a lawsuit, 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 substance and buy it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took a further step towards a complete ban in 2019, when it announced a final rule that bolsters the agency’s ability to stop asbestos-containing products from resurfacing on the market.

Trade groups continue to stop the EPA’s attempt to prohibit asbestos. They argue that a ban could threaten the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case, and they are turning to lawmakers who are connected to asbestos’s industry.

This is a battle that our firm has been involved in for over 15 years. We are proud of our involvement 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 significant step in ensuring that there are 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 one of the naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their strength, flexibility and resistance to fire and chemicals. These qualities made them suitable in a number of industrial products, like insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases can have a long time of latency and patients may not show symptoms for up to 20 years after exposure.

Many people are concerned about asbestos in their homes. In most cases, 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 to remodel your home that could affect it, you must consult an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good condition, there is no reason not to remove it from your home. Consult your physician if you are concerned about your health. They can order a variety of tests to determine whether you are suffering from symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. Additionally, state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with the information needed to reach a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos removal is safe when you take the appropriate precautions. Asbestos removal must be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos from their home, they must abide by federal and state laws regarding how the work is done. This includes covering and removing all waste from the project. The improper handling and disposal of asbestos can expose workers and the public to asbestos-related diseases including lung cancer and mesothelioma. To stop this from happening strict rules have been enacted.

Asbestos in good health that can’t be disturbed may not pose a health risk. However, it is highly recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos expert prior to beginning any work. This will allow a professional to determine whether the material requires abatement before commencing any work. It will also make sure that it is handled in a safe manner, packaged, labeled and shipped in accordance with the government regulations.

Anyone who uses asbestos without a permit is violating the law, and those who do face severe fines. If you suspect that asbestos has not been properly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it is crucial to keep the material damp during the removal process. This can be achieved by spraying the material with a water/detergent mist before taking it off. Once the asbestos is removed, it is placed in thick plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste and then disposed in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These products are available in stores that specialize in asbestos-related products and safety equipment. See How to Get rid of Asbestos to learn more about how to cover and dispose of asbestos safely.