What Experts In The Field Want You To Know

Is Asbestos Legal?

Although asbestos is still banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws differ between states, however, in general, property owners are required to keep their buildings safe and inform workers of any potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once used in construction because of its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still present in over 3,000 different products. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can advise you on what to do should asbestos be found within your home or workplace and can work with a contractor should it be necessary.

It is possible to file an asbestos attorney lawsuit against the maker of asbestos-containing products. It isn't always easy to prove the defendant's guilt. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim removes the need 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 on the possibility of applying this theory in your case. The law also requires that employers provide secure working conditions and safety training for employees. This obligation can be extended to property owners who employ asbestos, if they are aware third-party employees will use the buildings.

Many asbestos attorney manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies who make this decision are required to provide "bankruptcy funds" that pay injured victims pennies on their losses in the past. The system is criticized for its lack of transparency, as well because it doesn't cover future compensation.

To protect the public, Congress has considered but did not pass legislation that would establish a $140 billion asbestos trust fund in lieu of litigation. The bill would have tapped funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it's no longer a widely used building material. However it's true that the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact asbestos has been proven to cause cancer in any amount. This is a matter that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day.

The first step towards an end to the ban came in 1989, when the EPA issued a rule prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical industry filed a suit and the court overturned most of the ban. Asbestos remains used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for other purposes.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list of chemicals that require a risk assessment. The EPA took a further step toward a ban in 2019, when it announced the final rule, which strengthens the agency's ability to stop asbestos-containing products from returning to the market.

However, trade groups are trying to stop the EPA's efforts to prohibit asbestos. They argue that the asbestos ban would affect the supply of chlorine in the country and claim that there are better alternatives than asbestos. They have hired experts and consultants to help to make their case, and they are turning to legislators who have ties to the asbestos industry.

This is a battle that our company has been involved in for over 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and dangerous substance in the United States. This is an important step toward ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in long, thin fibers. These materials are well-known for their durability, flexibility, and resistance to fire and chemicals. These qualities made them useful in a range of industrial products such as insulation.

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

When asbestos is disturbed it releases harmful fibers into the atmosphere. Inhaling these fibers can lead to serious lung conditions like mesothelioma or asbestosis. These diseases can have a long time of latency and patients might not experience symptoms for up to 20 years following exposure.

Many people are worried that they may have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless they are disturbed. Inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a renovation that could cause damage to it, you should speak with an asbestos removal specialist to conduct a further inspection.

If asbestos is in good condition there is no reason to remove it. Consult your doctor if you are worried about your health. They can perform various tests to determine whether you suffer from symptoms that are 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 place that is exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental company to evaluate your home. These professionals can test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed provided that the appropriate precautions are taken. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must follow all federal and state regulations. This includes covering up every waste product generated during the project and properly disposing of it. The improper handling and disposal of asbestos can expose workers and others to asbestos-related ailments, including lung cancer and mesothelioma. To stop this from happening strict guidelines have been put in place.

If asbestos is in good shape and has not been affected, it will not pose a health threat. However, it is recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will enable the professional to determine if the material needs to be abated before starting any work. It will also ensure that it is properly handled, packaged and labeled before being transported and disposed of in accordance with regulations set by the government.

It is illegal to work in asbestos without a license, and those who violate these regulations face severe penalties. If you suspect improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental health.

To minimize the release of fibers into air, it's important to keep the material moist throughout the removal process. Spraying the material before removal with a detergent or water spray will aid in this. After the asbestos is removed, Asbestos Legal it should be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material must be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

In addition small areas of asbestos settlement in good condition can be covered with commercial products that are designed to make holes or seal the damage. These products are sold in stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly cover and dispose of asbestos, see How to Remove Asbestos.