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Is Asbestos Legal?

Although asbestos is still banned, various legislative proposals that are incremental have been tossed around Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's priority list of chemicals for review and risk assessment.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state but generally, property owners must keep their buildings safe and warn workers of the potential hazards.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously employed in construction because it was fireproof, chemical corrosion resistant and insulating. Inhaling asbestos fibers it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. Following exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should be able to inspect your home or work place if you suspect that it might contain asbestos. A professional can help you determine what must be done should asbestos be found within your home or workplace and work with an abatement contractor if necessary.

You can file a suit against the manufacturer if they make asbestos-containing products. However, proving a defendant's negligence is a challenge. In some 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 dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types of liability and help you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This requirement can also apply to owners of buildings where asbestos is used when it is believed that the building are utilized by employees of third parties.

Many asbestos producers avoided liability through bankruptcy protection. Companies that do so are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system is criticised for the lack of transparency, and because it doesn't cover future compensation.

Congress was able to consider but did not adopt legislation that would have established an investment fund of $140 billion for asbestos to be used in lieu of litigation. This bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it is no longer a widely used building material. The United States is one the few industrialized nations that do not ban asbestos despite its well-known cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily to address 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 most asbestos-containing products. However chemical companies sued and the court upheld most of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for other uses.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate dangerous chemicals. Asbestos has been added to the list that requires a risk assessment. In the year 2019, the EPA made a significant step towards the ban when it issued an act that strengthened the agency's ability to stop asbestos-containing products from resurfacing on the market.

However, trade organizations continue to stop the EPA's efforts to ban asbestos. These groups argue that a ban would threaten the chlorine supply in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them build their case. They're also reaching out to legislators with ties to asbestos.

Our company has been fighting this fight for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and dangerous substance in the United States. This is a huge move to ensure that no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Determine if You Have Asbestos

Asbestos is a collection of minerals that naturally occur and are arranged into long, thin fibres. These materials are well-known for their durability, flexibility, and resistance to chemicals and fire. These qualities made them suitable in a variety of industrial items, including insulation.

Because asbestos is extremely versatile, it's utilized in a wide range of household and industrial items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibres into air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a lengthy period of time before they manifest, and the victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. In most cases, asbestos in good state will not release any fibers unless disturbed. Inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a home remodel that could disturb it, you must consult an asbestos abatement expert to conduct a further examination.

If asbestos is in good condition there is no reason why you should remove it from your home. If you are concerned about your health, seek advice from a physician. They can order a variety of tests to determine if you have symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. In addition the state laws require public employees to be provided with the same protections. If you work in an asbestos-rich building, your employer must provide you with the information needed to contact a contractor who can remove asbestos. You should also call an environmental inspector to evaluate your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the appropriate precautions are followed. As a result, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, he or she must follow all federal and state regulations. This includes properly covering all the waste produced by the project, and then disposing of it. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos attorney-related diseases like mesothelioma cancer or lung disease. This is the reason strict regulations are in place to prevent this from happening.

Asbestos that is in good condition and can't be disturbed may be safe for health. It is however recommended that you have any ACM that is likely to be affected through demolition or renovations inspected by an asbestos professional before beginning any work. This will allow the professional to determine whether the material requires to be removed prior to commencing any work and will also ensure that it is handled, packed, labeled, transported, and then disposed of in accordance with regulations set by the government.

Anyone who is working with asbestos without a permit is in violation of the law, and those who do are subject to heavy penalties. If you suspect that asbestos has not been properly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration.

To reduce the release of fibers into the air, it's important to keep the material wet during the removal process. This can be achieved by spraying the asbestos with a mist of detergent and water prior to removing it. After the asbestos is removed, it has to be placed in heavy plastic bags or tarps that are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos in good condition using commercial products that fill in holes and seal any damage. These products are available in stores that specialize on asbestos-related materials and safety equipment. Check out How to Remove Asbestos for more details about how to dispose and cover asbestos safely.