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Is Asbestos Legal?

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

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws differ between states, but generally property owners are required to keep their buildings safe and inform 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 because it was fire resistant, chemical corrosion resistant, and insulates. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos is present in more than 3,000 different products. If you think your workplace or home may contain asbestos, a licensed inspector should examine the area. A professional can determine what you should do should asbestos be found within your home or workplace and work with a contractor should it be necessary.

It is possible to file an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain instances, victims may seek damages under 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 intrinsically dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of negligence and inform you if this theory applies in your situation. Employers are also required to offer safe working conditions for their employees and provide adequate training in safety. This requirement can also apply to owners of buildings that are constructed with asbestos when it is believed that the building will be utilized by employees of third parties.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection are required to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't pay future workers' compensation.

Congress looked at, but did not pass legislation that would have established an investment fund of $140 billion for asbestos as a substitute for litigation. The bill would have tapped funds 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.

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have believed the mineral was banned. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to work on every day.

In 1989 in 1989, the EPA issued a rule that prohibits the importation, production, and processing of asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it to use for other uses.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added the list that requires an assessment of risk. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are trying to prevent the EPA from bans on asbestos. These groups argue that a ban could threaten the nation's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help to make their case, and they are turning to lawmakers who have ties to the asbestos industry.

Our company has been fighting this battle for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly substance in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These materials are known for their strength, flexibility and resistance to chemicals and fire. These qualities made them suitable in a variety of industrial products, such as insulation.

Because asbestos is so versatile, it is used in a wide range of household and commercial products. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung conditions like asbestosis or mesothelioma. These diseases have a lengthy time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you intend to renovate your home and disturb it in any way, it is recommended to seek out an asbestos abatement professional for a second inspection.

If asbestos is in good health there is no reason to remove it. Consult your physician if you are concerned about your health. They can order a variety of tests to determine whether you're experiencing symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. In addition the state laws 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 information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to evaluate your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the proper precautions are followed. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all federal and state regulations. This includes covering up all the waste produced by the project, and then disposing of it. Improperly handling and disposing of asbestos could expose workers and the general public to asbestos-related diseases like lung cancer, and mesothelioma. To avoid this strict regulations have been enacted.

If asbestos is in good condition and isn't damaged, it is unlikely to cause health risks. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you begin the work. This will allow a professional to determine if the material requires abatement before starting any work. It will also make sure that it is properly handled, packed, labeled and transported in accordance with the regulations of the government.

It is illegal for anyone to work in asbestos without a license anyone who is in violation of these rules can face substantial fines. If you suspect that asbestos has not been properly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it's important to keep the material damp throughout the removal process. Spraying the material before removing it with a water/detergent spray can aid in this. Once the asbestos lawsuit has been removed, it should be placed into thick 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 covered with commercially-made products designed to repair holes and seal damages. These products are available at stores that specialize in asbestos materials and safety equipment. See How to Remove Asbestos for more details on how to cover and dispose of asbestos in a safe manner.