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Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have churned through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's list of priority chemicals to be evaluated for risk and review.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws differ from state to state, however, generally, property owners are required to ensure their buildings are safe and inform employees of any risks that might be present.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction as it was fireproof, chemical corrosion resistant, and insulating. Inhaling asbestos fibers, however, can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos can be found in more than 3,000 different products. A qualified inspector should be able to inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can help determine what steps to take should asbestos be found within your home or workplace and work with an abatement professional in the event of a need.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove the defendant's guilt. In certain instances, victims can seek damages under a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types and advise you if this theory is applicable in your situation. Employers are also required to ensure safe working conditions for their employees as well as adequate education in safety. This requirement can be extended to owners of buildings who use asbestos if they know that employees from other companies will be using those structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system is often criticized for its lack of transparency and since it doesn't cover future compensation.

Congress was able to consider but failed to pass legislation that would have established the $140 billion trust fund for asbestos in lieu of litigation. The bill would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and many Americans might have assumed that the mineral was banned. However the United States is one of the few industrialized countries that do not have a ban on asbestos despite the fact that asbestos has been linked to cancer in any quantity. This is an issue our lawyers and the world's anti-asbestos community continue to work on every day.

In 1989 the year 1989, the EPA issued a rule that banned the importation, manufacture, and processing of asbestos-containing products. However, the chemical industry sued and the court upheld most 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 then import it for other uses.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA made another significant step towards a ban 2019 when it issued an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.

However, trade organizations are once again trying to block the EPA's effort to ban asbestos. They argue that the asbestos ban would be a threat to the supply of chlorine in the United States and argue that there are better alternatives than asbestos. They have hired experts and consultants to help them build their argument. They're also looking to lawmakers who have ties to asbestos.

This is a fight that our company has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and dangerous substance in the United States. This is an important step towards ensuring that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is a collection of minerals that are naturally occurring and are formed into long, fine fibers. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These qualities make them ideal in a variety of industrial items, including insulation.

Because asbestos is so versatile, it's employed in a range of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are just 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 case is disturbed it releases harmful fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses may be long-lasting and sufferers may not show symptoms for a period of 20 to 50 years following exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good health is not likely to release fibers until it is agitated. Examine the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a home remodel that could cause damage to it, you must consult an asbestos abatement expert for further examination.

If asbestos is in good health, there is no need to remove it. Consult your doctor if you are worried about your health. They can order various tests to determine whether you suffer from symptoms related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. In addition the state laws require public employees to receive the same protections. If you work in an asbestos-containing structure your employer must provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection company to examine your home. They can examine and test your home.

How to Remove Asbestos

Asbestos removal is secure if you take the appropriate precautions. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If homeowners decide to remove asbestos from their home, they must follow all federal and state regulations. This includes properly covering and disposing of all waste resulting from the project. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related diseases, like lung cancer and mesothelioma. To stop this from happening, strict regulations have been enacted.

Asbestos that is in good condition and won't be disturbed might not pose a health risk. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you start the work. This will allow a professional to determine whether the material requires removal prior to starting any work. It also helps ensure it is handled, packed, labeled and transported in compliance with the guidelines of the government.

Anyone who uses asbestos without a permit is violating the law and those who violate it face severe penalties. If you suspect improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.

To reduce the release of fibers into the air, it is crucial to keep the material damp throughout the removal process. This can be achieved by spraying the asbestos with a detergent or water mist prior to removing it. After the asbestos has been removed, it should be put into plastic bags or tarps that are double-wrapped with tape. This material should be clearly identified as asbestos waste and removed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. These are products can be found in stores that specialize in asbestos-related products and safety gear. Find out How to Remove Asbestos for more details on how to cover and dispose of asbestos in a safe manner.