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Is Asbestos Legal?

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

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. Laws vary by state however, generally property owners must ensure that their buildings safe and warn workers of any dangers that could be present.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was once used in construction as it was fire resistant, chemical corrosion resistant, and an insulator. Inhaling asbestos fibers, however, can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos can be found in more than 3,000 items. A certified inspector should examine your workplace or home in the event that you suspect it could contain asbestos. A professional can determine what to do if asbestos is present in your workplace or home and will work with a contractor in the event of need.

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It isn't always easy to prove the fault of a defendant. In certain cases, victims may seek damages under a 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 is inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help whether this theory applies to your situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate training in safety. This requirement can also apply to the owners of structures where asbestos is used when it is believed that the buildings will be used by employees of a third party.

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

Congress considered but failed to pass, legislation that would have established an $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed asbestos was banned since it is no longer a common building material. However, the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact that it's known to cause cancer in any amount. This is a problem that our lawyers and the international anti-asbestos movement continue to work on each day.

The first step towards an end to the ban came in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the substance and buy it from mining companies.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require an assessment of risk. The EPA made another significant step towards a complete ban in 2019, when it announced an official rule that enhances the agency's ability to prevent asbestos case-containing products from coming back onto the market.

Trade groups are attempting to stop 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 safer options in place of asbestos. They have hired experts and consultants to help to make their case, and they are turning to legislators who have ties to asbestos companies.

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

How to Determine if You Are Suffering from Asbestos

Asbestos is made up of minerals that are naturally occurring and are arranged into long, thin fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products such as insulation.

Asbestos is utilized in a variety of household and building items. Some examples include floor tiles made of vinyl as well as 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 dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung diseases such as mesothelioma or asbestosis. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be damaged or you are planning a remodel that could disturb it, you should speak with an asbestos specialist to conduct a further examination.

If asbestos is in good condition there is no reason to remove it from your home. If you are concerned about your health, consult a physician. They can conduct a variety of tests to determine whether you're suffering from symptoms associated with asbestos claim exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public facility in which you are exposed to asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. Contact an environmental company to assess your home. These professionals can test your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos is safe to remove provided the proper precautions are followed. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, he or she must adhere to all federal and state regulations. This involves properly covering and disposing of all waste from the project. Incorrect handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. This is why strict regulations are in place to prevent this from occurring.

Asbestos that is in good shape and won't be disturbed might not pose any health risks. However, it is highly recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos professional before commencing the work. This will enable a professional to determine whether the material requires abatement before commencing any work. It will also ensure that it is handled wrapped, labeled, asbestos and transported according to the regulations of the government.

It is illegal to work with asbestos without a permit and those who break these regulations face severe penalties. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

To minimize the release of fibers into the air, it is essential to keep the material moist during the removal process. Spraying the material prior to removing it with a water/detergent spray will aid in this. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and removed in an enclosed vehicle that is leak-proof.

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