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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 proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals for review and risk assessment.

Property owners are also accountable for asbestos asbestos-related injuries, as are mining companies. The laws vary from state to state, but generally property owners are required to ensure their buildings are safe and warn workers of any possible dangers.

The Law

Asbestos is a group of naturally occurring minerals that once were popular in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even in the present, asbestos can be found in more than 3,000 different products. A certified inspector should examine your home or work place in the event that you suspect it could contain asbestos. A qualified professional can help you decide what steps to take if asbestos is present in your workplace or at home and will collaborate with a contractor should it be necessary.

It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established however, instead it relies on the fact that a product was inherently dangerous.

An asbestos lawyer can provide information on the different types 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 secure working conditions and safety education to employees. This obligation may extend to owners of structures where asbestos is used if it is known that the building will be used by third party employees.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies that do this are required to provide "bankruptcy funds" which pay injured victim's pennies on their past losses. The system is criticized for its lack of transparency, as well because it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would have created a $140 billion asbestos trust fund in lieu of litigation. The legislation would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it's no longer a widely used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to fight every day on this issue.

The first step towards an end to the ban came in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court ruled in favor of the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the substance and buy it from mining operations.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA made another significant step towards a complete ban in 2019 when it issued an official rule that enhances the agency's ability to stop asbestos-containing items from returning to the market.

Trade groups are attempting to stop the EPA's efforts to prohibit asbestos. They argue that asbestos bans would threaten the country's chlorine supply and claim that there are alternatives in place of asbestos. They have hired experts and consultants to help them build their case. They're also reaching out to lawmakers with ties to asbestos.

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

How to determine if you have asbestos

Asbestos is an assortment of minerals that occur naturally and are formed into long, fine fibres. These minerals are renowned for their durability, flexibility, and resistance to chemical and fire. These qualities made them useful in a variety of industrial products like insulation.

Asbestos is used in many different types of building and household products. Vinyl floor Asbestos tiles as well as boiler and pipe insulation in residential and commercial building, and fake fireplace embers are but a few examples. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. The majority of the time, asbestos in good condition will not release fibres unless they are disturbed. Homeowners should check the material for abrasions, tears or water damage. If the material is damaged or you are planning a renovation that could disturb it, you should consult with an asbestos removal specialist to conduct a further inspection.

If asbestos is in good health, there is no need to get rid of it. See your doctor if are worried about your health. They can order various tests to determine if you have symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos attorney. Additionally, state laws require public employees to receive the same protections. If you work in an asbestos-containing structure, your employer must provide you with details on how to find a contractor that can remove asbestos. Contact an environmental inspection company to evaluate your home. The experts can test and visually inspect your home.

How to Remove Asbestos

Asbestos removal is safe provided you take the proper precautions. Asbestos removal should only be performed by experts who have been trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos-containing materials from their home, they must adhere to state and federal regulations regarding how the work is carried out. This includes properly covering any waste generated by the project, and then disposing of it. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To prevent this strict guidelines have been enacted.

If asbestos is in good condition and will not be affected, it will not pose a health threat. It is however recommended that you have any ACM that could be affected through demolition or renovations examined by an asbestos professional before commencing the work. This will allow the professional to determine whether the material should be removed prior to beginning any work and will also ensure that it is handled, packaged and labeled, transported and disposed of in accordance to the rules of the government.

Anyone who works with asbestos without a permit is violating the law and those who violate it face heavy fines. If you suspect that asbestos was improperly removed from your property, contact your county or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into the air, it's important to keep the material moist throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray can aid in this. Once the asbestos is removed, it needs to be placed in large plastic bags or tarps that are double-wrapped and sealed with tape. This material should be clearly labeled as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.

In addition small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal any damage. They are available in stores that specialize in asbestos-related materials and safety products. For more information on how to properly remove asbestos Learn How to Remove Asbestos.