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Is Asbestos Legal?

While Asbestos Law is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state but generally, property owners must keep their structures safe and inform workers of the potential hazards.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was once employed in construction because it was fire-resistant, chemical corrosion resistant and an insulator. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is still found in more than 3,000 products. If you suspect your workplace or home might contain asbestos, a licensed inspector should inspect the area. A professional can advise you on what steps to take if this material is present in your home and will work with an abatement professional 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 cases, victims can pursue damages based on a theory of strict liability. This type of claim does not require the four elements of negligence to be established however, instead it relies on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the different kinds of negligence and strict liability and advise you on whether this theory applies to your situation. The law also requires that employers provide safe working conditions and safety education to employees. This obligation could be extended to building owners who use asbestos if they know that employees from other companies will be using those structures.

Many asbestos producers avoided liability through bankruptcy protection. Companies that make this decision are required to fund "bankruptcy funds" that pay injured victims pennies based on their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't provide workers with future compensation.

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

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned due to the fact that it is no longer a commonly used building material. However it's true that the United States is one of the few industrialized nations that does not ban asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. Our lawyers and the world's anti-asbestos activists continue to fight 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 the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still being used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and then import it for different purposes.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. 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 attempting to prevent the EPA from prohibiting asbestos. The trade groups argue that a ban would jeopardize the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help them build their argument. They're also reaching out on lawmakers who have connections to asbestos.

Our firm has been fighting this fight for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and harmful substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to Know if You Are Infected with Asbestos

Asbestos is a group of naturally occurring minerals that are arranged in thin, long fibers. They are known for their flexibility, strength and resistance to chemical and fire. These properties made them useful in a number of industrial items, including insulation.

Because asbestos is so versatile, it is used in a variety of household and commercial products. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes and other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These lung diseases have a long duration of incubation, and sufferers may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is agitated. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you are planning to remodel your house and alter the material in any way, you must seek out an asbestos abatement professional for a second inspection.

If asbestos is in good health there is no need to remove it. See your doctor if are concerned about your health. They can conduct various tests to determine if you suffer from symptoms relating to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. Contact an environmental company to evaluate your home. These professionals can examine and test your home.

How to Get Asbestos Out

Asbestos removal is secure if you take the proper precautions. Asbestos removal should only be done by experts who are certified and trained 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 every waste product generated during the process and properly disposing it. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is why strict rules are in place to prevent this from occurring.

Asbestos that is in good condition and can't be disturbed may not pose any health risk. However, it is advised that you have any ACM that could be affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will enable the professional to determine whether the material must be removed prior to commencing any work and will also ensure that it is handled, packaged and labeled before being transported and then disposed of in accordance with the regulations of the government.

It is unlawful for anyone to work with asbestos without a license Anyone who does not comply with these rules can face substantial fines. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.

To limit the release of fibers into the air, it is crucial to keep the material damp throughout the removal process. Spraying the asbestos prior to getting rid of it using a detergent or water spray will aid in this. After the asbestos has been removed, it should be placed into thick 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 in good condition with commercial products that fill holes and seal damage. These are available at shops that specialize in asbestos-related materials and safety items. For more information about how to cover and dispose of asbestos learn about how to remove Asbestos.