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Is Asbestos Legal?

Although asbestos is still banned, Asbestos Legal numerous legislative proposals for incremental legislation have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's list of priority chemicals to be reviewed and assessed for risk.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. Laws vary state-to-state but generally, property owners are required to keep their buildings safe and warn workers of potential dangers.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once used in construction because it was fire-resistant, chemical corrosion-resistant and an insulator. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer and asbestosis. Symptoms can take 15 to 30 years to manifest after exposure. Even in the present, asbestos is found in more than 3,000 products. If you believe your workplace or house may contain asbestos, a qualified inspector should inspect the area. A professional can advise you on what to do should asbestos be present in your workplace or at home and will work with a contractor when needed.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove the fault of a defendant. In some instances, the victims can claim damages under a theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain strict liability, negligence and the various types of negligence and inform you if this theory is applicable in your case. Employers are also required to ensure safe working conditions for their employees and adequate training in safety. This obligation could extend to owners of buildings where asbestos is used when it is determined that those buildings will be utilized by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that use this method are required to create "bankruptcy funds" that pay injured victims pennies based on their losses in the past. This system has been criticized due to its lack of transparency as well as the fact that it does not pay future workers' compensation.

To protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund to replace litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. 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 not a typical building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily to address this issue.

The first step towards a ban came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of most asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the material and buy it from mining companies.

In 2016 Congress amended 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 evaluation. The EPA took a further step toward a ban in 2019 when it issued the final rule, which strengthens the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are trying to stop the EPA's plan to prohibit asbestos. These groups claim that a ban would threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case, and they are turning to legislators who have ties to asbestos-related industries.

Our firm has been fighting this fight for more than 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is an important step in ensuring that other Americans will suffer the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

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

Because asbestos is so versatile, it's used in a myriad of household and building products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found on 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 harmful fibers into the air. Inhaled fibers can cause serious lung diseases, such as asbestosis or mesothelioma. These illnesses have a long latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. Most of the time, asbestos settlement in good state will not release any fibers unless they are disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning to remodel your home that could disturb it, you should speak with an asbestos removal specialist to conduct a further examination.

If asbestos is in good health there is no need to remove it. Consult your physician if you are worried about your health. They can perform various tests to determine if there are symptoms related to exposure to asbestos.

The Occupational Safety and Asbestos Legal Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you work in an asbestos-containing structure the employer has to provide you with the information needed to reach a contractor who can remove asbestos. You should also contact an environmental inspection company to evaluate your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is safe to remove provided the proper precautions are followed. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must adhere to all state and federal regulations. This involves properly covering and removing all waste generated by the project. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related illnesses, such as lung cancer and mesothelioma. This is the reason strict regulations are in place to stop this from happening.

If asbestos is in good shape and will not be affected, it will not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to begin your work. This will allow a professional to determine if the material requires removal prior beginning any work. It will also ensure that it is handled properly, packed, labeled, and shipped in accordance with the government regulations.

It is unlawful for anyone to work in asbestos without a license anyone who is in violation of these rules can face substantial fines. If you suspect that improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To prevent the release of fibers into air, it's important to keep the material damp during the removal process. Spraying the asbestos prior removal with a detergent or water spray can aid in this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

In addition, small areas of asbestos that are in good condition can be covered with commercial products that are designed to make holes or seal the damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. Learn How to Remove Asbestos for more details about how to cover and dispose of asbestos in a safe manner.