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Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for review and risk assessment.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws differ from state to state but generally, property owners are required to keep their buildings secure and inform workers of any possible dangers.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was once used in construction as it was fireproof as well as chemical corrosion resistant and insulates. Inhaling asbestos fibers, however they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3,000 products. If you are concerned that your workplace or home might contain asbestos, an experienced inspector should check the area. A professional can help you determine what should be done in the event that asbestos is present on your property and work with an abatement contractor if necessary.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. It isn't always easy to prove the fault of a defendant. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you if this theory is applicable to your particular situation. The law also requires employers to provide secure working conditions and safety training for their employees. This obligation can extend to the owners of buildings where asbestos is used when it is determined that the buildings are utilized by third party employees.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" which pay injured victims pennies on their past losses. The system is criticized for asbestos its lack of transparency and because it does not cover future compensation.

In a bid to protect the public, Congress has considered but was unable to pass legislation that would have created a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to pay compensation. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and some Americans might have believed that the mineral was banned. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue.

The first step towards the ban was in 1989 when the EPA issued a regulation prohibiting the manufacturing, importation and processing of all asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still used in some manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it for other purposes.

In 2016 Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos has been added the list that requires a risk assessment. In the year 2019, the EPA made a significant step towards the ban when it issued an act that strengthened the agency's abilities to prevent asbestos-containing products from returning to the market.

Trade groups are once again trying to stop the EPA's efforts to stop asbestos from being used in construction. They claim that a ban on asbestos would harm the nation's supply of chlorine and claim that there are safer options in place of asbestos. They have hired experts and consultants to help argue their case and are looking to lawmakers who have ties to asbestos's industry.

Our company has been fighting this battle for more than 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and dangerous substance in the United States. This is a major step to ensure that no more Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is made up of minerals that occur naturally and are organized into long, thin fibres. These materials are known as being strong, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.

Asbestos is a component in a variety of household and building items. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes and other building materials commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases like asbestosis or mesothelioma. These illnesses may have a long time of latency, and victims may not notice symptoms for a period of 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. Asbestos that is in good condition is not likely to release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you intend to remodel your house and disturb it in any way, seek out an asbestos (Www.highclassps.com) abatement professional for a thorough examination.

If asbestos is in good shape, there is no reason not to remove it from your home. Consult your physician if you are worried about your health. They can conduct various tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you work in a public building where you are exposed asbestos, your employer must give you information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to assess your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed provided the proper precautions are followed. Asbestos removal should be done by experts who are trained and licensed in the proper handling of the material. If a homeowner decides to eliminate asbestos materials from their home, they must abide by federal and state laws regarding the manner in which they do it. This includes covering every waste product generated by the project, and then disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma cancer and lung disease. To avoid this strict regulations have been enacted.

If asbestos is in good shape and isn't affected, it will not be a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition checked prior to when you start the work. This will permit the professional to determine whether the material requires to be sprayed prior to starting any work. It will also ensure that it is handled, packaged and labeled before being transported and disposed of in accordance with regulations set by the government.

It is illegal to work with asbestos without a permit anyone who is in violation of these regulations face severe penalties. If you suspect that asbestos was improperly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept moist constantly to minimize the release of airborne fibers. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. Once the asbestos has been removed, it must be put into plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.

Alternately small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These products are available at stores that specialize on asbestos-related products and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.