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Is Asbestos Legal?

Although asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary by state however, generally property owners must ensure that their buildings safe and warn workers of the potential hazards.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical resistance and insulation properties. Inhaling asbestos fibers, can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. Symptoms can take 15 to 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 products. If you think your workplace or home might contain asbestos, a certified inspector should inspect the area. A professional can assist you in determining what steps to take if this material is present within your home or workplace and work with an abatement professional should it be necessary.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and relies instead on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the various kinds of negligence and strict liability and will advise you on whether this theory is applicable to your situation. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation could be extended to property owners who employ asbestos if they know that employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that make this decision are required to provide "bankruptcy funds" that pay injured victims pennies on the dollars of their previous 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.

In an effort to protect the public, Congress has considered but did not pass legislation that would establish an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have used funds held by bankruptcy trusts and insurance companies for compensation. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans might have believed asbestos was banned since it is not a typical building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to fight every day to address this issue.

In 1989 the year 1989, the EPA issued a regulation that prohibited the production, importation, and processing of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the material from mining operations and then import it for different purposes.

In 2016 Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took a further step towards a ban 2019, when it announced an official rule that enhances the agency's ability to stop asbestos settlement-containing items from returning to the market.

However, trade groups continue to stop the EPA's plan to stop asbestos from being used in construction. They argue that asbestos bans would be a threat to the supply of chlorine in the United States and claim that there are better alternatives in place of asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers who are connected to asbestos-related industries.

Our company has been fighting this fight for more than 15 year. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and harmful substance in the United States. This is a significant step towards ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if have Asbestos

Asbestos is a group of naturally occurring minerals that are arranged in thin, long fibers. They are known for being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.

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

When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling the fibers can trigger serious lung diseases, such as asbestosis or mesothelioma. These illnesses may be extremely latency-prone and patients may not notice symptoms for up to 20 years after exposure.

Many people are worried about asbestos in their homes. Asbestos that is in good condition will not release fibers until it is damaged. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you're planning to make changes to your home or alter it in any way, you should seek out an asbestos abatement professional to conduct a more thorough inspection.

If asbestos is in good condition there is no reason why you should remove it from your home. If you are concerned about your health, you should consult with a physician. They can perform a variety of tests to see whether you're experiencing symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility the employer has to provide you with information on how to find a contractor that can remove asbestos. You should also contact an environmental inspection firm to assess your home. They can conduct a test on your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos can be safely removed, 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 a homeowner decides to eliminate asbestos materials from their home, they must follow state and federal regulations regarding how to complete the task. This includes covering and removing all waste resulting from the project. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases including lung cancer and mesothelioma. This is why strict rules are in place to stop this from happening.

Asbestos that is in good shape and will not be disturbed may not pose any health risks. It is however recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos professional before starting the work. This will permit the professional to determine if the material needs to be abated before starting any work and will also ensure that it is treated, packaged in a way that is labeled, transported and disposed of in accordance to the rules of the government.

It is illegal to work in asbestos without a license Anyone who does not comply with these rules can face substantial fines. If you suspect that asbestos was not properly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material must be kept moist throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior to getting rid of it using a detergent or water spray will help achieve this. Once the asbestos is removed, it must be placed in thick plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

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