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Is Asbestos Legal?

Although asbestos is still banned several legislative proposals with incremental provisions have churned through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, as are mining companies. Laws vary state-to-state but generally, property owners must ensure that their premises safe and inform employees of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is still found in over 3,000 different products. If you think your home or workplace may contain asbestos, a qualified inspector should be able to inspect the area. A professional can help you determine what steps to take when asbestos is found in your home and will work with an abatement contractor in the event of a need.

It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In some instances, victims might be able seek damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead relies on the fact that a product was inherently hazardous.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and will be able to advise you if this theory is applicable 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 buildings where asbestos case is utilized when it is believed that the building are used by employees of a third party.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies who make this decision are required to provide "bankruptcy funds" which pay injured victims pennies based on their losses in the past. This system has been criticized for 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 a $140 billion trust fund for asbestos in lieu of litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was banned due to the fact that 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 do not have a ban on asbestos, despite the fact that asbestos has been proven to cause cancer in any amount. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to work on each day.

The first step toward an end to the ban came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

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

Trade groups are trying to block the EPA from bans on asbestos. They argue that a ban would jeopardize the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are now turning to lawmakers who have ties to asbestos companies.

Our company has been fighting this battle for more than 15 year. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and hazardous substance in the United States. This is a huge step towards ensuring that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to tell if have Asbestos

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

Asbestos can be found in a variety of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building, and fake fireplace embers are a few examples. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses can have a long latency time and sufferers may not be symptomatic for 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is damaged. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to remodel your home and alter the material in any way, you must consult an asbestos abatement expert for a thorough examination.

If asbestos is in good health there is no reason to remove it. If you are concerned about your health, consult a doctor. They can conduct various tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. In addition the state laws oblige public employees to have the same protections. If you work in a public building in which you are exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to assess your home. These professionals can test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided the proper precautions are taken. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by federal and state regulations on how to complete the task. This includes covering and removing all waste resulting from the project. Unsafe handling and disposal of asbestos can expose workers and others to asbestos-related ailments, like lung cancer, and mesothelioma. To stop this from happening strict guidelines have been enacted.

Asbestos that is in good condition and can't be disturbed may be safe for health. However, it is advised that you have any ACM that could be affected through demolition or renovations examined by an asbestos professional before beginning any work. This will enable the professional to determine whether the material must be removed prior to commencing any work. It will also ensure that it is properly handled, packaged and labeled before being transported and disposed of according with government regulations.

Anyone who works with asbestos without a permit is violating the law, and violators face heavy penalties. If you suspect that asbestos has been improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is crucial to keep the material wet during the removal process. This can be accomplished by spraying the material with a mist of water or detergent prior to removing it. Once asbestos has been removed, it must be stored in plastic bags or tarps double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

Additionally, small areas of asbestos in good condition can be coated with commercial products designed to repair holes and seal damages. These are products can be found in stores that specialize on asbestos-related products and safety equipment. Check out How to Remove Asbestos for more information on how to dispose and cover asbestos in a safe manner.