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Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have been tossed around Congress. 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. The laws differ from state to state, however, generally, property owners are required to ensure their buildings are safe and warn employees of any risks that might be present.

The Law

Asbestos is a range of minerals that are naturally occurring. It was previously used in construction because it was fireproof, chemical corrosion resistant, and insulation. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A professional can advise you on what must be done when asbestos is found in your home and will work with an abatement professional should it be necessary.

It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It can be difficult to prove the fault of a defendant. In certain instances, victims may pursue damages based on a theory of strict liability. This type of claim eliminates any need to prove four elements of negligence, and relies instead on the fact that the product was inherently dangerous.

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

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" which pay injured victim's pennies on the dollars of their past losses. This system has been criticized for its lack of transparency as well as the fact that it does not cover workers' future compensation.

Congress was able to consider but failed to pass legislation that would have established the $140 billion trust fund for asbestos as a substitute for litigation. The legislation 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 Banned in the U.S.?

Many Americans might have believed that asbestos was prohibited because it's not a typical building material. However it is true that the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that it's known to cause cancer in any quantity. Our lawyers and the world's anti-asbestos activists continue to fight every day on this issue.

The first step toward an end to the ban came in 1989, when the EPA issued a directive prohibiting the production, importation and processing of the majority of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and purchase it from mining companies.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA took another step towards a ban 2019 when it issued an official rule that enhances the agency's capacity to stop asbestos-containing items from returning to the market.

Trade groups are trying to block the EPA from prohibiting asbestos. The trade groups argue that a ban would threaten the nation's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help make their case, and they are turning to lawmakers who have ties to the asbestos industry.

Our company has been fighting this battle for more than 15 years. We are proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a huge move to ensure that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is made up of a collection of minerals that naturally occur and are arranged into long, thin fibres. These materials are known as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products like insulation.

Because asbestos is so versatile, it's employed in a myriad of household and commercial items. Examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. asbestos case can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, as well as other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases may have a long time of latency and patients may not notice symptoms for 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. The majority of the time, asbestos in good condition will not release fibres unless they are disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning to remodel your home that could disturb it, you should check with an asbestos specialist for a more thorough inspection.

If asbestos is in good condition, there is no need to eliminate it. If you are concerned about your health, seek advice from a physician. They can perform a variety of tests to see whether you're suffering from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. Additionally the state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility your employer must provide you with the information needed to connect with a contractor who can remove asbestos. Contact an environmental company to assess your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos is safe to remove provided that the appropriate precautions are taken. Asbestos removal should be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner chooses to eliminate asbestos materials from their home, they must abide by the federal and state regulations for how the work is carried out. This includes properly covering all waste generated during the process and properly disposing it. Unsafe handling and disposal of asbestos can expose workers and the public to asbestos-related diseases, like lung cancer and mesothelioma. This is why strict rules are in place to prevent this from occurring.

If asbestos is in good shape and is not disturbed, it should not cause health risks. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition checked prior to when you begin the work. This will permit the professional to determine whether the material should be abated before starting any work. They will also ensure that it is treated, packaged and labeled before being transported and disposed of in accordance with regulations set by the government.

Anyone who uses asbestos without a permit violates the law, and those who do are liable for heavy fines. If you suspect improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.

When removing asbestos, the material must be kept wet at all times to reduce the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray can aid in this. After the asbestos has been removed, it has to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly marked as asbestos waste and disposed of in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. These products are available at stores that specialize on asbestos materials and safety equipment. Check out How to Get Asbestos Out for more information on how to dispose and cover asbestos safely.