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Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. State laws differ however, generally property owners are required to keep their buildings safe and warn workers of the potential hazards.

The Law

Asbestos is an assortment of naturally occurring minerals. It was once used in construction since it was fireproof, chemical corrosion resistant, and insulating. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is present in more than 3,000 different products. A certified inspector should examine your home or work place if you suspect that it might contain asbestos. A professional can advise you on what should be done if this material is present in your home and will work with an abatement professional if necessary.

You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, victims could be able to claim damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead relies on the fact that the product was a risk in itself.

An asbestos lawyer can provide information on the different kinds of strict liability and negligence and advise you on whether this theory applies to your situation. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation could be extended to property owners who employ asbestos if they know that third-party employees will use those structures.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. The system is criticized for the inconsistency of the system, and since it doesn't cover future compensation.

Congress was able to consider, but did not pass legislation that would have established an $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have taken money kept in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it is no longer a widely used building material. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work day in and day out on this issue.

The first step toward the ban was in 1989, when the EPA issued a directive prohibiting the production, importation, and processing of all asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos is still being used in some manufacturing processes, and it's still legal for companies to purchase the substance from mining operations and then import it for other purposes.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA made another significant step toward a ban in 2019, when it released the final rule, which strengthens the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are trying to prevent the EPA from banning asbestos. They argue that a ban would threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to present their arguments, and they are turning to lawmakers with ties to asbestos-related industries.

Our company has been fighting this fight for more than 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and hazardous substance in the United States. This is a significant step to ensure that nobody else Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These minerals are renowned for their durability, flexibility, and resistance to chemicals and fire. These qualities made them useful in a variety of industrial products, including insulation.

Asbestos can be found in a variety of building and household products. Examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes, and other common building materials.

When asbestos is disturbed it releases dangerous fibers into the atmosphere. Inhaling the fibers can trigger serious lung conditions like mesothelioma or asbestosis. These diseases have a lengthy 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 not likely to release fibers until it is agitated. Check the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you're planning to renovate your home and alter the material in any way, you should consult an asbestos abatement specialist to conduct a more thorough inspection.

If asbestos is in good condition, there is no reason to remove it. Talk to your doctor asbestos Legal if are concerned about your health. They can conduct 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 safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must give you information on how to contact an asbestos abatement contractor. You should also seek out an environmental inspection company to assess your home. These professionals can test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed, as long as the proper precautions are followed. For this reason, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, they must follow all federal and state regulations. This involves properly covering and removing all waste from the project. The improper handling and disposal of asbestos lawyer can expose workers and others to asbestos-related ailments, such as lung cancer and mesothelioma. To stop this from happening strict guidelines have been enacted.

If asbestos is in good shape and has not been damaged, it is unlikely to cause health risks. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected before you begin the work. This will let the professional know if the material needs to be removed prior to beginning any work. It will also ensure that it is treated, packaged, labeled, transported, and then disposed of in accordance to the rules of the government.

Anyone who is working with asbestos without a permit violates the law and those who violate it are liable for heavy fines. If you suspect that asbestos was improperly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is important to keep the material hydrated during the removal process. Spraying the asbestos prior to getting rid of it using a detergent or water spray can aid in this. Once the asbestos is removed, it must be stored in plastic bags or tarps which are double-wrapped and sealed with tape. This material should be clearly marked as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof.

Alternately small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These products are sold in stores that specialize in asbestos materials and safety equipment. For more details about how to cover and dispose of asbestos read How to Remove Asbestos.