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Is Asbestos Legal?

Congress has approved several incremental legislation plans, despite the fact that asbestos is still banned. One of these proposals, 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.

Property owners are also liable for asbestos-related injuries, as are mining companies. State laws differ but generally, property owners are required to keep their premises safe and inform workers of any dangers that could be present.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once used in construction since it was fire-resistant, chemical corrosion resistant and insulating. However, inhaling asbestos fibers can lead to serious health problems including lung cancer, mesothelioma and asbestosis. The symptoms can take between 15 and 30 years to manifest after exposure. Even today, asbestos is still present in over 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a licensed inspector should be able to inspect the area. A professional can advise you on what you should do should asbestos be found within your home or workplace and can work with a contractor in the event of need.

You can file a suit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove a defendant's fault. In certain cases, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you if this theory applies to your particular situation. Employers are also required to ensure safe working conditions for their employees and adequate training in safety. This requirement can also apply to owners of buildings where asbestos is used when it is believed that those buildings will be utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would create an asbestos trust fund of $140 billion fund to compensate victims of litigation. This legislation would have taken funds kept in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by corporations or mesothelioma victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was prohibited because it's no longer a widely used building material. However, the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the international anti-asbestos law movement continue to tackle every single day.

The first step towards an end to the ban came in 1989, when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. However chemical companies sued and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It's legal for companies to import the substance and buy it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. In the year 2019, the EPA took a major step towards a ban when it released an act that strengthened the agency's abilities to prevent asbestos-containing products from returning to the market.

Trade groups are trying to block the EPA from banning asbestos. They argue that a ban will affect the country's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them build their case. They are also turning to lawmakers who have ties to asbestos.

Our firm has been fighting this battle for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the dangerous and deadly substance in the United States. This is a major step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is an assortment of minerals that are found naturally and are formed into long, fine fibers. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products, including insulation.

Asbestos is a component 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 residential and commercial buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes and other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaled fibers can cause serious lung conditions like mesothelioma or asbestosis. These illnesses may have a long time of latency, and victims may not notice symptoms for 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. The majority of the time, asbestos law in good condition will not release fibres unless disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material is damaged or you are planning a renovation that could affect it, you should speak with an asbestos abatement specialist to conduct an additional inspection.

If asbestos is in good shape, there is no reason not to remove it from your home. If you are concerned about your health, you should consult a doctor. They can order a variety of tests to determine whether you're suffering from symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos. In addition the state laws oblige public employees to have the same protections. If you work in an asbestos-containing structure the employer has to provide you with details on how to reach a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe if you follow the correct precautions. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must follow all federal and state regulations. This includes covering and disposing of any waste from the project. Improper handling and disposal asbestos could put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. This is the reason strict regulations are in place to prevent this from occurring.

If asbestos is in good condition and isn't disturbed, it should not pose a health threat. However, it is recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before starting the work. This will enable a professional to determine if the material requires removal prior beginning any work. It will also make sure that it is properly handled in a safe manner, packaged, labeled and transported in accordance with the guidelines of the government.

Anyone who works with asbestos without a permit is in violation of the law. Those who break it are liable for heavy penalties. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

To minimize the release of fibers into air, it is essential to keep the material hydrated during the removal process. This can be achieved by spraying the material with a detergent or water mist prior to removing it. Once asbestos has been removed, it is placed in large plastic bags or tarps which are double-wrapped and sealed by tape. This material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle.

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 available in stores that specialize on asbestos-related materials and safety equipment. Learn How to Remove Asbestos for more details about how to cover and dispose of asbestos properly.