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Is Asbestos Legal?

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

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state however, generally property owners must keep their structures safe and inform employees of potential dangers.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction because it was fire-resistant, chemical corrosion resistant, and insulation. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is still found in more than 3,000 products. If you suspect your home or workplace may contain asbestos, a certified inspector should be able to inspect the area. A professional can advise you on what to do if asbestos is present in your home or workplace and can work with a contractor in the event of need.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some instances, victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can explain the different types of strict liability and negligence and will be able to advise you if this theory applies to your case. The law also requires employers to provide safe working conditions and safety training to employees. This obligation could be extended to property owners who employ asbestos if they are aware that third-party employees will use the structures.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that make this decision are required to fund "bankruptcy funds" that pay injured victims pennies for their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers.

Congress considered but could not approve, legislation that would have established an $140 billion trust fund for asbestos as a substitute for litigation. This legislation would have taken funds reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have believed that the mineral was prohibited. 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 the world's anti-asbestos activists continue to work every day on this issue.

The first step towards the ban was in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of the majority of asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the material and purchase it from mining companies.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require an assessment of risk. The EPA took another major step toward a ban in 2019, when it released the final rule, which strengthens the agency's ability to stop asbestos-containing products from resurfacing on the market.

However, trade organizations are attempting to stop the EPA's attempt to stop asbestos from being used in construction. The trade groups argue that a ban will affect the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help argue their case and are looking to lawmakers with ties to asbestos companies.

This is a war that our firm has been involved in for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and hazardous substance in the United States. This is an important move to ensure that there is no longer a chance for Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is made up of an assortment of minerals that are naturally occurring and are laid out into long, thin fibers. These materials are known for their flexibility, strength and resistance to chemicals and fire. These qualities made them useful in a range of industrial products like insulation.

Because asbestos is extremely versatile, it's utilized in a variety of household and building items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos is also present in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These illnesses can be long-lasting, and victims may not show symptoms for a period of 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Asbestos in good condition is not likely to release fibers until it is disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged, or if you plan to renovate your home and alter it in any way, consult an asbestos attorney removal expert for a second inspection.

If asbestos is in good shape, there is no reason why you should remove it from your home. See your doctor if are worried about your health. They can conduct various tests to determine if you have symptoms relating to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. In addition the laws of the state require public employees to be provided with the same protections. If you work in a public facility that is exposed to asbestos, your employer must provide details on how to reach an asbestos abatement contractor. You should also 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 removal is safe if you take the appropriate precautions. This is why asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, he or she must comply with all state and federal regulations. This includes covering every waste product generated during the project and properly disposing of it. Improperly handling and disposing of asbestos can expose workers and the general public to asbestos-related illnesses, including lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from occurring.

If asbestos is in good shape and isn't damaged, it is unlikely to be a health risk. However, it is highly recommended that you have any ACM that is likely to be affected through demolition or renovations inspected by an Asbestos Law professional before commencing the work. This will allow an expert to determine if the material requires removal prior to starting any work. It will also make sure that it is handled in a safe manner, packaged, labeled and shipped in accordance with the government regulations.

Anyone who uses asbestos without a permit violates the law. Those who break it face severe penalties. If you suspect that an improper abatement occurred 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 health.

When removing asbestos, the material needs to be kept moist all the time to limit the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray will aid in this. Once the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste and disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition with commercial items that fill holes and seal damage. These are available at shops that specialize in asbestos products and safety products. See How to Get Asbestos Out for more information on how to cover and dispose of asbestos properly.