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Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's priority list of chemicals to be reviewed and assessed for risk.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. State laws differ but generally, property owners must ensure that their buildings safe and notify workers of the potential hazards.

The Law

Asbestos is a range of naturally occurring minerals. It was previously employed in construction because it was fire-resistant, chemical corrosion resistant, and insulation. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, cancer of the lung and asbestosis. The symptoms may take 15 to 30 years to manifest after exposure. Even in the present, asbestos is present in more than 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a certified inspector should inspect the area. A professional can advise you on what needs to be done in the event that asbestos is present within your home or workplace and collaborate with an abatement company should it be necessary.

You can file a lawsuit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove a defendant's fault. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and relies instead on the fact that the product was dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and advise you on whether this theory applies to your situation. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This obligation can extend to owners of buildings that are constructed with asbestos when it is determined that the buildings will be used by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't pay future workers' compensation.

Congress was able to consider, but did not pass legislation that would have established an investment fund of $140 billion for asbestos to be used in lieu of litigation. This legislation would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was prohibited because it is no longer a common building material. However the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the rest of the international anti-asbestos campaign continue to fight every day.

The first step towards a ban came in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of most asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and buy it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. The EPA took another step towards a complete ban in 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing products from resurfacing on the market.

Trade groups continue to stop the EPA's attempt to prohibit asbestos. The trade groups argue that a ban will affect the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to aid them in making their argument. They are also turning to lawmakers with ties to asbestos.

This is a fight that our company has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step in ensuring that no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is an assortment of minerals that are naturally occurring and are organized into long, thin fibers. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products including insulation.

Because asbestos is extremely versatile, it's utilized in a range of household and building items. Examples include floor tiles made of vinyl, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These illnesses may have a long time of latency and sufferers might not experience symptoms for 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you are planning to remodel your home and alter the material in any way, it is recommended to consult an asbestos abatement specialist for a second inspection.

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

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public place where you are exposed to asbestos, your employer should provide details on how to contact an asbestos removal contractor. Contact an environmental company to examine your home. They will test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos is a safe material to remove, as long as the proper precautions are followed. This is why asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, they must follow all federal and state regulations. This includes properly covering all the waste produced by the project and disposing it. Incorrect handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is the reason strict regulations are in place to prevent this from occurring.

If asbestos is in good condition and isn't affected, it will not pose a health threat. 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 enable a professional to determine if the material requires removal prior to commencing any work. It will also ensure it is handled properly, packed, labeled, and transported in compliance with the government regulations.

It is unlawful for anyone to work in asbestos without a license, and those who violate these rules can face substantial fines. If you suspect that asbestos has been improperly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material must 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 is removed, it should be placed in large plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and asbestos then disposed in a leak-proof vehicle.

Alternately small areas of asbestos that are in good condition can be covered with commercial products that are designed to make holes or seal the damage. These are available at stores that specialize in asbestos materials and safety items. Check out How to Get rid of Asbestos to learn more on how to cover and dispose asbestos properly.