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Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ from state to state, but generally, property owners are required to keep their premises safe and inform employees of any risks that might be present.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos can be found in over 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a qualified inspector should inspect the area. A professional can help you determine what steps to take in the event that asbestos is present within your home or workplace and collaborate with an abatement company when needed.

It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In certain cases, victims might be able 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 various kinds of negligence and strict liability and will advise you on whether this theory is applicable to your particular situation. Employers are also required to provide safe working conditions for their employees and provide adequate education in safety. This obligation can extend to owners of buildings where asbestos is used in the event that it is established that the buildings are used by third party employees.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies who make this decision are required to pay "bankruptcy funds" which pay injured victims pennies on their losses in the past. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.

Congress looked at but failed to pass legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. This legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in construction materials, and a lot of Americans may have assumed that the mineral was banned. However, the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and the world's anti-asbestos movement continue to work every day on this issue.

The first step toward prohibition 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 overturned the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's legal for companies to purchase the material from mining operations and then import it for different purposes.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos is now on the list of chemicals that require an assessment of risk. In the year 2019, EPA took a major step towards the ban when it issued a rule that strengthened the agency's abilities to prevent asbestos-containing product from returning to the marketplace.

Trade groups are trying to prevent the EPA from bans on asbestos. They claim that the ban on asbestos litigation will be a threat to the supply of chlorine in the United States and argue that there are safer options to asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers who are connected to asbestos's industry.

Our company has been fighting this fight for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is an important step in ensuring 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 Are Infected with Asbestos

Asbestos is one of the naturally occurring minerals that are placed in long, thin fibers. They are known for their durability, flexibility, and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These lung diseases have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Most of the time asbestos in good condition will not release fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel that could affect it, you should check with an asbestos abatement specialist for a more thorough examination.

If asbestos is in good shape there is no need to get rid of it. If you are concerned about your health, seek advice from a physician. They can recommend a range of tests to determine whether you are suffering from symptoms that are related 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 in which you are exposed to asbestos, your employer should give you information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos can be safely removed, provided the proper precautions are followed. For this reason, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must abide by federal and state regulations on how the work is done. This includes covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is why strict rules are in place to prevent this from occurring.

If asbestos is in good shape and is not disturbed, it may not cause health risks. It is however recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to beginning any work. This will let the professional know whether the material should be removed prior to beginning any work. It will also ensure that it is handled, packed and labeled, transported and disposed of in compliance to the rules of the government.

Anyone who uses asbestos without a permit is in violation of the law, and violators face heavy fines. If you suspect that asbestos was improperly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material should be kept moist all the time to limit the release of airborne fibers. Spraying the asbestos prior to taking it off with a water/detergent spray can aid in this. Once asbestos has been removed, it is placed in heavy plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly marked as asbestos waste and removed in a leak-proof vehicle.

Additionally, small areas of asbestos in good condition can be covered with commercial products designed to repair holes and seal damages. These products are sold in stores that specialize in asbestos-related materials and safety equipment. For more details on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.