Is Asbestos Legal?

Congress has passed a number of incremental legislation plans despite the fact asbestos is still prohibited. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals to be reviewed and assessed for risk.

Property owners are also accountable for asbestos-related injuries, as are mining companies. State laws differ however, generally property owners must ensure that their structures safe and inform workers of the potential hazards.

The Law

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

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim removes any need to prove four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain strict liability, negligence, and the different types and advise you if this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and safety training to employees. This requirement can be extended to building owners who use asbestos if they know that third-party employees will use those structures.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. The system is criticized for the lack of transparency and because it does not cover future compensation.

Congress considered but failed to pass, legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was prohibited because it's no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. This is a problem that our lawyers and the international anti-asbestos campaign continue to work on each day.

The first step toward prohibition came in 1989 when the EPA issued a regulation prohibiting the production, importation and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in some 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 hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. In the year 2019, the EPA made a significant step towards an asbestos ban when it published an order that bolstered the agency's capabilities to prevent asbestos-containing products from returning to the market.

However, trade groups continue to stop the EPA's attempt to stop asbestos from being used in construction. They argue that a ban would threaten the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are looking to legislators who have ties to asbestos's industry.

Our company has been fighting this fight for more than 15 year. We are extremely proud to have fought with our global partners in the International Ban asbestos law Secretariat, and we will continue to join until the EPA is able to ban this dangerous and deadly substance in the United States. This is an important move to ensure that no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is a grouping of minerals that occur naturally and are laid out into long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to chemicals and fire. These qualities make them ideal in a number of industrial products, such as insulation.

Asbestos is utilized in a variety of building and household products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung conditions like asbestosis or mesothelioma. These diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is agitated. Inspect the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a renovation which could impact it, you should check an asbestos abatement expert for a more thorough examination.

If asbestos is in good shape there is no need to remove it. Consult your doctor if you are concerned about your health. They can perform various tests to determine if you suffer from symptoms relating to exposure to asbestos.

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 an asbestos-containing building, your employer must provide you with information on how to contact a contractor who can remove asbestos compensation. You should also seek out an environmental inspection company to assess your home. They will test your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos can be safely removed provided that the appropriate precautions are taken. Because of this, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must adhere to state and federal regulations regarding how the work is done. This includes covering up all the waste produced during the project and properly disposing of it. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to stop this from happening.

If asbestos is in good shape and has not been affected, it will not cause health risks. However, it is advised that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos expert prior to beginning the work. This will allow an expert to determine whether the material requires abatement before commencing any work. It also helps ensure it is properly handled properly, packed, labeled, and transported in compliance with the regulations of the government.

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

In the process of removing asbestos, the substance must be kept wet at all times to reduce the release of airborne fibers. Spraying the material before removing it with a water/detergent spray can help in this. Once the asbestos has been removed, it must be put into plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof car.

You can also cover small areas of asbestos that are in good condition with commercial products that fill in holes and seal any damage. These are available at stores that specialize in asbestos-related materials and safety items. For more details on how to properly cover and dispose of asbestos read How to Remove Asbestos.