Is Asbestos Legal?

Congress has passed several incremental legislation proposals despite the fact that asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be reviewed and assessed for risk.

In addition to mining businesses, property owners may be held accountable for Saratoga Asbestos Attorney-related injuries. The laws vary between states, but generally, property owners are required to ensure their buildings are safe and warn employees of any risks that might be present.

The Law

Asbestos is a group of naturally occurring minerals that once were popular in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even today, asbestos is still present in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home when you suspect it may contain asbestos. A qualified professional can help you decide what you should do if asbestos is present in your workplace or at home and Saratoga Asbestos Attorney will collaborate with a contractor in the event of need.

You can file a suit against the manufacturer if they make asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain cases, victims may seek damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be established and instead relies on the fact that the product was a risk in itself.

An asbestos lawyer can explain strict liability, negligence and the different types of liability and help whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees as well as adequate training in safety. This obligation could extend to owners of buildings where asbestos is used when it is determined that the building will be utilized by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that make this decision are required to create "bankruptcy funds" that pay injured victims pennies based on their previous losses. This system is criticized for the lack of transparency, as well because it does not cover future compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have taken money reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it is no longer a commonly used building material. The United States is one the few industrialized nations which do not have a ban on asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work daily to address this issue.

In 1989, the EPA issued a rule that prohibited the production, importation and processing of asbestos-containing products. However chemical companies sued and the court ruled in favor of the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it to use for different purposes.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step toward a ban in 2019 when it issued the final rule, which strengthens the agency's ability to prevent asbestos-containing products from resurfacing on the market.

Trade groups continue to stop the EPA's attempt to prohibit asbestos. They argue that the ban on asbestos will threaten the country's chlorine supply and claim that there are better alternatives to asbestos. They have hired experts and consultants to to make their case and are looking to lawmakers who have ties to cedar hill asbestos lawyer-related industries.

Our firm has been fighting this fight for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is a huge move to ensure that no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Tell if you have asbestos

Asbestos is an assortment of minerals that occur naturally and are formed into long, fine fibres. These materials are known for their durability, flexibility, and resistance to chemical and fire. These qualities made them useful in a variety of industrial products including insulation.

Because asbestos is so versatile, it's employed in a wide range of household and commercial products. Some examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles and 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. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These diseases have a lengthy duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless they are disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you're planning to remodel your home and alter the material in any way, you should consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good health, there is no need to remove it. If you are concerned about your health, you should seek advice from a physician. They can conduct various tests to determine if there are symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. Additionally, state laws oblige public employees to have the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. Contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos can be safely removed provided that the proper precautions are taken. As a result, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos from their home, they must abide by federal and state laws regarding how to complete the task. This includes covering up any waste generated by the project, and then disposing of it. Incorrectly handling and disposing of asbestos can expose workers and the public to asbestos-related diseases like lung cancer, and mesothelioma. To avoid this strict regulations have been enacted.

Asbestos in good health that won't be disturbed might not pose any health risk. However, it is advised that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before starting the work. This will allow an expert to determine whether the material requires removal prior to commencing any work. It will also ensure that it is properly handled in a safe manner, packaged, labeled and shipped in accordance with the regulations of the government.

It is illegal for anyone to work on asbestos without a valid license, and those who violate these regulations face severe penalties. If you suspect that improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.

To minimize the release of fibers into the air, it is essential to keep the material damp during the removal process. Spraying the asbestos prior to taking it off with a water/detergent spray will aid in this. After the asbestos is removed, it must be stored in plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.

Alternatively, small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are products can be found in stores that specialize on asbestos-related products and safety gear. For more details on how to properly remove asbestos, see How to Remove Asbestos.