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Is Asbestos Legal?

Although asbestos remains banned, several legislative proposals with incremental provisions have been floated through Congress. One of these proposed legislations, 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 could be held responsible for asbestos-related injuries. The laws differ between states, however, in general, property owners are required to ensure their buildings are safe and warn workers of any potential dangers.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction since it was fire resistant as well as chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos can be found in more than 3,000 products. If you suspect your workplace or home might contain asbestos, a qualified inspector should be able to inspect the area. A professional can assist you in determining what should be done in the event that asbestos is present within your home or workplace and work with an abatement professional if necessary.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence is a challenge. In some cases, the victims might be able to pursue damages under the theory of strict liability. This type of claim removes the need to prove the four elements of negligence, and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain strict liability, negligence, and the different types of liability and help you if this theory applies in your case. Employers are also required to offer safe working conditions for their employees as well as adequate training in safety. This obligation can extend to the owners of buildings where asbestos is used when it is believed that the buildings are used by employees of a third party.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system is often criticized for its inconsistency of the system, and because it does not cover future compensation.

Congress looked at but did not adopt legislation that would have established a $140 billion trust fund for asbestos as a substitute for litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

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

The first step toward prohibition came in 1989, when the EPA issued a rule banning the production, importation and processing of most asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and import it to use for different purposes.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. asbestos claim is now on the list of chemicals that require an assessment of risk. The EPA made another significant step towards a complete ban in 2019 when it issued the final rule, which strengthens the agency's capability to prevent asbestos-containing products from returning to the market.

Trade groups are trying to block the EPA from banning asbestos. They claim that asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are alternatives than asbestos. They have hired consultants and experts to assist 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 proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a major step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Know if You Are Infected with Asbestos

Asbestos is made up of minerals that are found naturally and are arranged into long, thin fibers. These minerals are renowned for their durability, flexibility, and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products like insulation.

Asbestos is utilized in many different types of household and building products. Examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These lung diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning to remodel your home that could affect it, you must consult with an asbestos abatement specialist to conduct an additional inspection.

If asbestos is in good condition there is no reason not to remove it from your home. Talk to your doctor if are concerned about your health. They can order various tests to determine if you suffer from symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you work in a public place in which you are exposed to asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. You should also seek out an environmental inspection company to examine your home. The experts can inspect your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos removal is safe provided you follow the correct precautions. Because of this, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, they must adhere to all federal and state regulations. This includes covering up all waste 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 stop this from happening strict guidelines have been put in place.

Asbestos that is in good shape and can't be disturbed may not pose any health risk. However, asbestos it is recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to beginning any work. This will allow an expert to determine if the material needs to be removed prior to beginning any work. It will also ensure that it is properly handled, packed, labeled and transported in compliance with the government regulations.

Anyone who uses asbestos without a permit violates the law. Those who break it are liable for heavy fines. If you suspect that improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

When removing asbestos, the material must be kept moist at all times to reduce the release of airborne fibers. This can be accomplished by spraying the material with a mist of detergent and water prior to removing it. Once asbestos has been removed, it should be stored in plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

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