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Is Asbestos Legal?

While asbestos is still banned, several legislative proposals with incremental provisions have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

Property owners are also liable for asbestos-related injuries, as are mining companies. The laws differ from state to state but generally property owners are obliged to keep their properties safe and warn workers of any potential dangers.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously used in construction since it was fire-resistant, chemical corrosion resistant, and an insulator. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can appear 15-30 years later. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should check your home or work place if you suspect that it might contain asbestos. A professional can tell you what steps to take should asbestos be present within your home or workplace and can work with a contractor should it be necessary.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain cases, victims may be able to seek damages under the theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and advise you on whether this theory is applicable to your case. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation can be extended to owners of buildings who use asbestos if they are aware that third-party employees will use those buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that make this decision are required to fund "bankruptcy funds" which pay victims of injury pennies on the dollars of their losses in the past. The system is criticized for its lack of transparency, and because it does not cover future compensation.

In an effort to safeguard the public, Congress has considered but did not pass legislation that would establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. The bill would have taken money held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it's no longer a commonly used building material. However, the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact that it's known to cause cancer in any amount. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to tackle every single day.

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

In 2016 Congress updated Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA made another significant step towards a complete ban in 2019, when it released an official rule that enhances the agency's capability to prevent asbestos-containing products from coming back onto the market.

However, trade organizations are once again trying to stop the EPA's efforts to stop asbestos from being used in construction. These groups argue that a ban would jeopardize the country's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are now looking to lawmakers who are connected to the asbestos industry.

This is a battle our firm has been involved in for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a major move to ensure that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties make them useful in a number of industrial products, such as insulation.

Because asbestos is so versatile, it is used in a myriad of household and commercial items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases have a lengthy latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is agitated. Inspect the material for water damage, abrasions or tears. If the material is damaged or you are planning a renovation which could impact it, you must consult an asbestos abatement expert to conduct an additional examination.

If asbestos is in good shape, there is no need to eliminate it. If you are concerned about your health, consult with a physician. They can perform a variety of tests to see whether you are suffering from symptoms linked to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility your employer must provide you with details on how to reach a contractor who can remove asbestos. You should also call an environmental inspector to assess your home. The experts can inspect your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos can be safely removed provided the proper precautions are followed. As a result, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos-containing materials from their home, they must follow federal and state regulations on how the work is carried out. This includes properly covering and removing all waste generated by the project. Improperly handling and disposing of asbestos can expose people and workers to asbestos-related diseases, like lung cancer, and mesothelioma. This is why strict guidelines are in place to stop this from occurring.

Asbestos that is in good condition and will not be disturbed may not pose a health risk. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you begin your work. This will let the professional know whether the material requires to be removed prior to commencing any work and will also ensure that it is treated, packaged, labeled, transported, and disposed of in compliance with government regulations.

It is illegal to work with asbestos without a permit anyone who is in violation of these rules face large fines. If you suspect improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

In the process of removing asbestos, the material should be kept moist constantly to minimize the release of airborne fibers. This can be accomplished by spraying the material with a water/detergent mist before taking it off. Once the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste and removed in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition with commercial products that can fill holes and seal damages. These are available at shops that specialize in asbestos products and safety items. See How to Remove Asbestos for more details about how to cover and dispose asbestos safely.