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Is Asbestos Legal?

Congress has approved several incremental legislation plans despite the fact that asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.

Property owners are also responsible for asbestos-related injuries, as are mining companies. State laws differ however, in general, property owners must ensure that their buildings safe and notify employees of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, however they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take between 15 and 30 years to manifest after exposure. Even today, asbestos is present in more than 3,000 different products. If you think your home or workplace may contain asbestos, a certified inspector should be able to inspect the area. A professional can determine what you should do should asbestos be present in your home or workplace and can work with a contractor in the event of need.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence can be difficult. In some instances, victims could be able to claim damages under the theory 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 inherently hazardous.

An asbestos lawyer can provide information on the different kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training for their employees. This obligation could be extended to property owners who use asbestos, if they are aware third-party employees will use the buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their previous losses. The system is criticized for the lack of transparency, and because it doesn't cover future compensation.

To protect the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund to compensate victims of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by corporations or victim advocates.

Is asbestos litigation Banned in the U.S.?

Many Americans may have thought that asbestos was banned because it is no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. This is a problem that our lawyers and the world's anti-asbestos community continue to work on every day.

In 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for different purposes.

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 chemicals that require a risk evaluation. The EPA took a further step towards a ban 2019 when it issued a final rule that bolsters the agency's capacity to stop asbestos-containing products from coming back onto the market.

Trade groups are trying to block the EPA from prohibiting asbestos. These groups claim that a ban would jeopardize the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their case. They are also reaching out to legislators with ties to asbestos.

Our company has been fighting this battle for more than 15 year. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a crucial step toward ensuring that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is made up of minerals that naturally occur and are laid out into long, thin fibers. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These qualities make them ideal in a number of industrial items, including insulation.

Because asbestos is so versatile, it is used in a range of household and commercial products. 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 in ceiling tiles, shingles, insulation for furnaces, pipes, and other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibres into the air. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These lung diseases have a long time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. In most cases asbestos in good condition will not release fibres unless disturbed. Inspect the material for water damage, abrasions or tears. If the material appears slightly damaged or if you're planning to make changes to your home or alter the material in any way, you must consult an asbestos abatement specialist for a further inspection.

If asbestos is in good condition there is no need to remove it. Consult your physician if you are worried about your health. They can order various tests to determine if you have symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building the employer has to provide you with details on how to contact a contractor who can remove asbestos. You should also seek out an environmental inspection company to assess your home. They will test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos can be safely removed provided that the proper precautions are taken. Asbestos removal must be done by experts who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must abide by federal and state regulations on how the work is carried out. This includes covering all the waste produced during the project and properly disposing of it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To avoid this strict guidelines have been enacted.

Asbestos that is in good shape and will not be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you begin work. This will let the professional know if the material needs to be removed prior to commencing any work. They will also ensure that it is handled, packed in a way that is labeled, transported and disposed of according with regulations set by the government.

It is illegal for anyone to work on asbestos without a valid license and those who break these regulations face severe penalties. If you suspect that an improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

To reduce the release of fibers into the air, it is important to keep the material wet throughout the removal process. Spraying the material before removing it with a water/detergent spray will aid in this. After the asbestos is removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste and then disposed in a leak-proof car.

In addition small areas of asbestos that are 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. For more details on how to properly cover and dispose of asbestos learn about how to remove Asbestos.