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Is Asbestos Legal?

Congress has passed several incremental legislations despite the fact asbestos is still prohibited. One of them, 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 accountable for asbestos-related injuries, in addition to mining companies. State laws differ however, in general, property owners must ensure that their premises safe and inform workers of the potential hazards.

The Law

Asbestos is among the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos can be found in more than 3000 products. If you think your workplace or home might contain asbestos, a qualified inspector should be able to inspect the area. A professional can advise you on what steps to take in the event that asbestos is present in your property and will work with an abatement professional if necessary.

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It is often difficult to prove the defendant's guilt. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide information on the different types of strict liability and negligence and advise you on whether this theory is applicable to your situation. The law also requires that employers provide safe working conditions and safety training for their employees. This requirement can be extended to owners of buildings who employ asbestos, if they are aware third-party employees will use the structures.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" which pay victims pennies on the dollar of past losses. This system has been criticized for its lack of transparency as well as the fact that it does not cover workers' future compensation.

In an effort to safeguard the public, Congress has considered but failed to approve legislation to establish a $140 billion asbestos trust fund to replace litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to provide compensation. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned due to the fact that it's not a typical building material. The United States is one the few industrialized nations which do not have a ban on asbestos, Asbestos Legal despite its proven cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to fight every day on this issue.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the production, importation and processing of all asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the substance and purchase it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA took another major step towards a ban 2019 when it published a final rule that bolsters the agency's capacity to stop asbestos-containing items from returning to the market.

However, trade groups are attempting to stop the EPA's plan to stop asbestos from being used in construction. The trade groups argue that a ban would jeopardize the chlorine supply in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments and are now turning to legislators who have ties to the asbestos industry.

Our firm has been fighting this battle for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and dangerous substance in the United States. This is an important step to ensure that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is minerals that naturally occur and are formed into long, fine fibres. 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 including insulation.

Because asbestos is extremely versatile, it's utilized in a variety of household and industrial items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses may be extremely latency-prone, and victims may not notice symptoms for 20 to 50 years following exposure.

Many people are worried about asbestos in their homes. Asbestos in good health 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 slightly damaged, or if you plan to make changes to your home or disturb it in any way, you should consult an asbestos removal expert for a second inspection.

If asbestos is in good shape there is no reason not to remove it from your home. Consult your physician if you are concerned about your health. They can perform a variety of tests to see whether you're experiencing symptoms associated with asbestos 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 also receive the same protection. If you work in a public facility that is exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to assess your home. They will examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. Asbestos removal should be done by experts who are certified and trained in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must follow all federal and state regulations. This includes covering up all waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. This is why strict guidelines are in place to stop this from occurring.

If asbestos is in good shape and is not disturbed, it may not pose a health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition checked prior to when you begin the work. This will allow a professional to determine if the material requires abatement before beginning any work. It will also ensure that it is properly handled, packed, labeled and transported according to the guidelines of the government.

It is illegal to work with asbestos without a permit, and those who violate these rules face large fines. If you suspect that improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

To minimize the release of fibers into air, it is important to keep the material damp during the removal process. Spraying the material prior to removing it with a water/detergent spray can help in this. After the asbestos is removed, it needs to be placed in thick plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and removed in a leak-proof vehicle.

You can also protect small areas of asbestos in good condition by using commercial products that can fill holes and seal damages. They are available in stores that specialize in asbestos products and safety items. Check out How to Remove asbestos claim for more information about how to cover and dispose of asbestos properly.