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Is Asbestos Legal?

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

Property owners are also liable for asbestos-related injuries, as are mining companies. The laws differ from state to state, however, in general, property owners are required to keep their buildings safe and inform workers of any potential dangers.

The Law

Asbestos is a range of naturally occurring minerals. It was once used in construction because it was fire-resistant, chemical corrosion-resistant and an insulator. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should check your home or work place when you suspect it may contain asbestos. A professional can help determine what must be done in the event that asbestos is present in your home and will collaborate with an abatement contractor in the event of a need.

It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and is based on the fact that the product was dangerous.

An asbestos lawyer can provide information on the different types of strict liability and negligence and can advise on whether this theory applies to your particular situation. Employers are also required to ensure safe working conditions for their employees and provide adequate education in safety. This requirement can also apply to the owners of buildings where asbestos is used when it is determined that those buildings will be utilized by employees of third parties.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who do this are required to create "bankruptcy funds" which pay injured victim's pennies based on their past losses. This system has been criticized for its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

To protect the public, Congress has considered but was unable to pass legislation to establish a $140 billion asbestos trust fund to replace litigation. The bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and some Americans may have assumed that the mineral was not allowed. However it is true that the United States is one of the few industrialized nations that does not ban asbestos despite the fact asbestos is known to cause cancer in any amount. This is an issue that our lawyers and the world's anti-asbestos community continue to fight every day.

In 1989, the EPA issued a rule which prohibited the manufacture, importation and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another step towards a complete ban in 2019 when it published a final rule that strengthens the agency's capability to prevent asbestos-containing items from returning to the market.

Trade groups are trying to block the EPA from banning asbestos. They claim that the asbestos ban would be a threat to the supply of chlorine in the United States and argue that there are alternatives than asbestos. They have hired consultants and experts to assist them in making their argument. They're also looking to legislators with ties to asbestos.

This is a battle that our company has been involved in for over 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and hazardous substance in the United States. This is a huge step to ensure that nobody else Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is a grouping of minerals that are naturally occurring and are laid out into long, thin fibers. These materials are regarded as being flexible, strong and resistant to chemicals and fire. These qualities make them ideal in a number of industrial items, including insulation.

Asbestos can be found in many different types of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as many other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These illnesses have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is agitated. Homeowners should check 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 consult with an asbestos specialist to conduct an additional inspection.

If asbestos is in good condition, there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can conduct a variety of tests to see whether you're suffering from symptoms that are related to Asbestos Law exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building, your employer must provide you with information on how to contact a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. They can test and visually inspect your home.

How to Remove Asbestos

Asbestos is safe to remove provided that the proper precautions are followed. Asbestos removal should be done by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, he or she must follow all federal and state regulations. This includes covering all waste generated during the process and properly disposing it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. To prevent this strict guidelines have been put in place.

If asbestos is in good shape and is not damaged, it is unlikely to be a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you begin work. This will enable a professional to determine if the material requires removal prior commencing any work. It will also ensure it is properly handled in a safe manner, packaged, labeled and transported in compliance with the regulations of the government.

Anyone who is working with asbestos without a permit violates the law. Those who break it face severe fines. If you suspect that asbestos has been improperly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration.

To reduce the release of fibers into the air, it is essential to keep the material moist during the removal process. Spraying the asbestos prior to removal with a detergent or water spray can aid in this. After the asbestos is removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and then disposed in a leak-proof car.

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 products are available in stores that specialize on asbestos materials and safety equipment. Find out How to Remove Asbestos for more information about how to dispose and cover asbestos in a safe manner.