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Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been passed 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 for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws differ from state to state, however, generally, property owners are required to keep their buildings safe and inform workers of any potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant chemical resistance and insulation properties. However, inhaling asbestos fibres can cause serious health problems including lung cancer, mesothelioma and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos can be found in more than 3,000 products. If you are concerned that your workplace or house may contain asbestos, a licensed inspector should inspect the area. A professional can help you determine what steps to take should asbestos be found within your home or workplace and collaborate with an abatement company should it be necessary.

You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the different kinds of negligence and strict liability and advise you on whether this theory applies to your situation. The law also requires that employers provide safe working conditions and safety education to employees. This obligation could be extended to owners of buildings who use asbestos, if they are aware employees from third parties will be using the structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system is often criticized for its inconsistency of the system, and since it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but failed to pass legislation that would have created an asbestos trust fund of $140 billion fund to compensate victims of litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned due to the fact that it is no longer a common building material. However the United States is one of the few industrialized nations that does not ban asbestos, despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos activists continue to work daily on this issue.

In 1989 the year 1989, the EPA issued a rule that prohibited the production, importation and processing of asbestos-containing products. 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 businesses to import the substance and buy it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another step towards a ban 2019 when it published an official rule that enhances the agency's capacity to stop asbestos-containing products from coming back onto the market.

However, trade groups are attempting to block the EPA's effort to stop asbestos from being used in construction. They claim that asbestos bans would affect the supply of chlorine in the country and claim that there are better alternatives than asbestos. They have hired experts and consultants to help them make their argument. They are also reaching out to legislators with ties to asbestos.

This is a battle our firm has been involved in for over 15 years. We are proud of our involvement 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 in ensuring that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to determine if you have Asbestos

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

Because asbestos is extremely versatile, it's 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 commercial and residential buildings, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles as well as 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 the fibers can trigger serious lung diseases like asbestosis or mesothelioma. These lung diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their home. Asbestos in good condition is unlikely to release any fibers until it is damaged. Homeowners must inspect the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a renovation that could disturb it, you should consult with an asbestos abatement specialist to conduct an additional examination.

If asbestos is in good shape there is no reason to remove it from your home. If you are concerned about your health, you should consult with a physician. They can order various tests to determine if there are symptoms relating to exposure to asbestos.

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 also receive the same protection. If you work in a public place where you are exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental company to examine your home. They will test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe if you take the appropriate precautions. Asbestos removal must be performed by experts who have been trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must adhere to all federal and state regulations. This includes properly covering every waste product generated during the process and properly disposing it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. This is why strict regulations are in place to prevent this from occurring.

Asbestos in good condition that will not be disturbed may be safe for health. It is recommended to have any ACM that may be disturbed during renovations or demolition examined prior to you start the work. This will permit the professional to determine whether the material must be sprayed prior to starting any work. They will also ensure that it is properly handled, packaged in a way that is labeled, transported and then disposed of in accordance with the regulations of the government.

It is illegal to work on asbestos without a valid license and those who break these regulations face severe penalties. If you suspect that asbestos was improperly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material must be kept moist throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the material with a water/detergent mist before taking it off. Once asbestos has been removed, it should be placed in large plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste, and then disposed in a leak-proof car.

You can also protect small areas of asbestos in good condition with commercial items that fill in holes and seal any damage. These products are sold in stores that specialize in asbestos materials and safety equipment. See How to Get rid of Asbestos to learn more on how to dispose and cover asbestos properly.