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Is Asbestos Legal?

While asbestos is still banned, various legislative proposals that are incremental have been tossed around Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws vary between states, but generally property owners are required to ensure their buildings are secure and warn workers of any potential dangers.

The Law

Asbestos is a range of minerals that are naturally occurring. It was previously used in construction as it was fire resistant, chemical corrosion-resistant and Asbestos Legal insulation. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even today, asbestos is found in more than 3,000 products. If you think your home or workplace may contain asbestos, an experienced inspector should inspect the area. A professional can advise you on what should be done in the event that asbestos is present on your property and asbestos legal work with an abatement professional in the event of a need.

It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be established and instead relies on the fact that a product was inherently dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you if this theory applies to your situation. The law also requires that employers provide safe working conditions and adequate safety education to employees. This obligation could extend to owners of buildings that are constructed with asbestos when it is determined that those buildings are utilized by employees of third parties.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that do this are required to pay "bankruptcy funds" which pay victims of injury pennies on their previous losses. This system has been criticized for its lack of transparency and the fact that it does not provide workers with future compensation.

In an effort to protect the public, Congress has considered but failed to approve legislation to establish a $140 billion asbestos trust fund in lieu of litigation. The bill would have taken money that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in construction materials, and many Americans may have assumed that asbestos was banned. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. This is a matter that our lawyers and the rest of the international anti-asbestos campaign continue to work on each day.

In 1989, the EPA issued a rule which prohibited the manufacture, importation and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.

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

However, trade organizations continue to stop the EPA's efforts to stop asbestos from being used in construction. They claim that a ban on asbestos would harm the nation's supply of chlorine and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to help them make their case. They're also reaching out to legislators with ties to asbestos.

This is a battle that our firm 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 join until the EPA has banned this hazardous and deadly substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.

How to Know if You Are Infected with Asbestos

Asbestos is made up of an assortment of minerals that are naturally occurring and are formed into long, fine fibres. These materials are known for their toughness, flexibility and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses may be long-lasting and sufferers may not be symptomatic for up to 20 years following exposure.

Many people are worried that they may have asbestos in their homes. Most of the time, asbestos case in good state will not release any fibers unless they are disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to renovate your home and disturb it in any way, you must consult an asbestos abatement specialist for a further inspection.

If asbestos is in good health, there is no reason to remove it. See your doctor if are concerned about your health. They can perform a variety of tests to determine whether you're suffering from symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you work in a public facility where you are exposed to asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to assess your home. The experts can test and visually inspect your home.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to take away asbestos from their home, they must follow all federal and state regulations. This includes properly covering every waste product generated during the process and properly disposing it. Unsafe handling and disposal of asbestos could expose workers and others to asbestos-related diseases like lung cancer, and mesothelioma. This is why strict rules are in place to stop this from occurring.

If asbestos is in good condition and has not been damaged, it is unlikely to be a health risk. It is however recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before beginning the work. This will allow an expert to determine whether the material requires removal prior beginning any work. It will also make sure that it is properly handled, packed, labeled and transported in compliance with the guidelines of the government.

Anyone who uses asbestos without a permit is in violation of the law, and those who do face heavy penalties. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental quality department or the Occupational Safety and Health Administration.

To prevent the release of fibers into the air, it's important to keep the material wet throughout the removal process. This can be accomplished by spraying the material with a detergent or water mist prior to removing it. After the asbestos has been removed, it needs to be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

You can also cover small areas of asbestos that are in good condition with commercial items that seal holes and repair damage. They are available in stores which specialize in asbestos materials and safety products. For more information on how to properly cover asbestos and dispose of it read How to Remove Asbestos.