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Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have churned through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals to be reviewed and assessed for risk.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. Laws vary by state however, generally property owners must ensure that their buildings safe and notify workers of the potential hazards.

The Law

Asbestos is among the naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, cancer of the lung and asbestosis. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is present in more than 3,000 different products. A certified inspector should examine your workplace or home in the event that you suspect it could contain asbestos. A professional can tell you what to do should asbestos be present in your home or workplace and work with a contractor if needed.

It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some instances, victims might be able seek damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer (click here for more info) can explain the various kinds of strict liability and negligence and can advise on whether this theory is applicable to your case. The law also requires that employers provide secure working conditions and safety education to employees. This obligation could be extended to owners of buildings who employ asbestos attorney, if they are aware employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system is criticized for its lack of transparency, as well because it does not provide future compensation.

Congress looked at but did not adopt legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. This bill would have tapped funds reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by victim advocates or corporations.

Is Asbestos Banned In The U.S.

Many Americans may have believed that asbestos was banned because it's no longer a commonly used building material. However, the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos has been proven to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily to address this issue.

In 1989 the year 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it for other purposes.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos is now on the list of chemicals that require a risk assessment. In 2019, the EPA made a significant step towards a ban when it released a rule that strengthened the agency's capabilities to prevent asbestos-containing products from coming back to the marketplace.

Trade groups are trying to block the EPA from prohibiting asbestos. These groups argue that a ban would jeopardize the supply of chlorine in the country and claim that there are safer alternatives to asbestos. They have hired consultants and experts to aid them in making their argument. They are also reaching out to legislators with ties to asbestos.

This is a war that our company has been involved in for over 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a significant step towards ensuring that no other Americans will suffer the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is made up of a collection of minerals that occur naturally and are laid out into long, thin fibres. They are known for being flexible, strong and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, like insulation.

Asbestos is utilized in many different types of household and building products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces, and other common building materials.

When asbestos is disturbed, it releases harmful fibres into atmosphere. If inhaled, these tiny fibers can get into the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases may have a long time of latency and patients might not experience symptoms for a period of 20 to 50 years following exposure.

Many people are concerned about asbestos in their homes. Most of the time asbestos in good state will not release any fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to make changes to your home or disturb it in any way, it is recommended to consult an asbestos abatement expert for a second inspection.

If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can order a variety of tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect 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 an asbestos-containing structure, your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental company to evaluate your home. They will test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the proper precautions are followed. Asbestos removal must be performed by professionals who are certified and trained in the proper handling of the material. If homeowners decide to remove asbestos from their home, they must adhere to all federal and state regulations. This includes properly covering and disposing of any waste from the project. Improperly handling and disposing of asbestos can expose workers and others to asbestos-related illnesses, like lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from happening.

Asbestos in good condition that will not be disturbed may be safe for health. However, it is recommended that you have any ACM that could be affected through demolition or renovations inspected by an asbestos expert prior to beginning the work. This will allow a professional to determine whether the material requires removal prior starting any work. It will also ensure that it is handled, packed, labeled and transported in accordance with the guidelines of the government.

Anyone who is working with asbestos without a permit is in violation of the law and those who violate it are liable for asbestos law heavy fines. If you suspect improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

When removing asbestos, the material needs to be kept wet all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a mist of water or detergent prior to taking it off. Once the asbestos has been removed, it needs to be placed into thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and then disposed in a leak-proof car.

Additionally, small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These are available at shops that specialize in asbestos materials and safety items. Learn How to Remove Asbestos for more information on how to cover and dispose of asbestos safely.