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Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact that asbestos is still prohibited. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos settlement to EPA's list of priority chemicals to be evaluated and reviewed.

In addition to mining businesses, asbestos lawyer property owners may be held accountable for asbestos-related injuries. Laws vary state-to-state, but in general property owners must keep their buildings safe and notify workers of any dangers that could be present.

The Law

Asbestos is a group of naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can cause serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 products. If you believe your home or workplace may contain asbestos, an experienced inspector should be able to inspect the area. A professional can determine what you should do if asbestos is present in your workplace or at home and will work with a contractor when needed.

It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your particular situation. The law also requires that employers provide secure working conditions and safety training for employees. This obligation could be extended to owners of buildings who employ asbestos if they know that employees from third parties will be using the buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their previous losses. The system is criticized for the inconsistency of the system, and because it does not cover future compensation.

Congress was able to consider but did not adopt legislation that would have created an $140 billion trust fund for asbestos in lieu of litigation. The bill would have tapped funds reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and many Americans might have assumed that asbestos was banned. However it is true that the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to work every day on this issue.

The first step towards an end to the ban 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 businesses to import the material and buy it from mining companies.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In the year 2019, EPA made a significant step towards the ban when it issued an act that strengthened the agency's capacity to stop asbestos-containing products from returning to the marketplace.

Trade groups are trying to block the EPA from bans on asbestos. These groups claim asbestos bans would harm the nation's supply of chlorine and claim that there are alternatives in place of asbestos. They have hired consultants and experts to aid them in making their argument. They're also reaching out to lawmakers who have ties to asbestos.

This is a battle that our firm has been involved in for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos 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 a significant step towards ensuring that no other Americans will suffer the same fate as millions of women, men 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 long, thin fibers. These materials are known as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products such as insulation.

Asbestos is a component in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, and fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes, and other building materials commonly used.

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

Many people are worried that they might have asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning to remodel your home that could disturb it, you must consult with an asbestos abatement specialist to conduct an additional examination.

If asbestos is in good shape, there is no need to eliminate it. Consult your physician if you are worried about your health. They can order various tests to determine if you suffer from symptoms relating to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. Additionally, state laws require public employees to be provided with the same protections. If you work in an asbestos-containing structure, your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. These professionals can test your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos can be safely removed provided that the appropriate precautions are followed. Asbestos removal should only be performed by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos from their home, they must abide by state and federal regulations regarding how the work is carried out. This includes properly covering any waste generated by the project and disposing it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. To stop this from happening, strict regulations have been enacted.

If asbestos is in good condition and will not be damaged, it is unlikely to be a health risk. It is however recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos expert prior to starting the work. This will enable a professional to determine whether the material requires removal prior to starting any work. It also helps ensure it is properly handled in a safe manner, packaged, labeled and transported in compliance with the guidelines of the government.

Anyone who is working with asbestos without a permit is in violation of the law, and violators are liable for heavy penalties. If you suspect improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

When removing asbestos, the substance must be kept moist all the time to limit the release of airborne fibers. Spraying the material before removing it with a water/detergent spray will help achieve this. After the asbestos has been removed, it has to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be covered with commercially-made products designed to repair holes and seal damages. These are sold at stores that specialize in asbestos materials and safety products. For more details about how to cover asbestos and dispose of it Learn How to Remove Asbestos.