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Is Asbestos Legal?

While asbestos is still banned, various legislative proposals that are incremental 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.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. Laws vary state-to-state however, in general, property owners must ensure that their structures safe and inform employees of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that were once popular in the construction industry due to its fire-resistant chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even in the present, asbestos can be present in over 3,000 different products. A qualified inspector should inspect your workplace or home if you suspect that it might contain asbestos. A professional can determine what steps to take should asbestos be present in your workplace or home and will collaborate with a contractor when needed.

You can bring a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain instances, victims can seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be established and instead relies on the fact that a product was a risk in itself.

An asbestos lawyer can explain strict liability, negligence, and the different types of liability and help you on the possibility of applying this theory to your particular situation. The law also requires employers to provide safe working conditions and safety education to employees. This requirement can also apply to the owners of buildings that are constructed with asbestos when it is believed that those buildings will be utilized by employees of third parties.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Companies who do this are required to fund "bankruptcy funds" which pay injured victims pennies on their previous losses. This system has been criticized for its lack of transparency and the fact that it doesn't pay future workers' compensation.

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

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans may have assumed that asbestos case was banned. 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 international anti-asbestos campaign continue to work day in and day out to address this issue.

In 1989, the EPA issued a rule which prohibited the production, importation, and processing of asbestos-containing products. Chemical companies sued, and the court reversed 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 operations.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. In 2019, the EPA made a significant step towards an asbestos ban when it published an act that strengthened the agency's abilities to prevent asbestos-containing product from returning to the marketplace.

However, trade organizations are once again trying to stop the EPA's attempt to ban asbestos. They argue that a ban could threaten the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to make their case and are looking to lawmakers who have ties to asbestos companies.

This is a battle that our firm has been involved in for over 15 years. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and harmful substance in the United States. This is a major step towards ensuring that nobody else Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is made up of a collection of minerals that are found naturally and are laid out into long, thin fibres. These materials are known as being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products, including insulation.

Because asbestos is so versatile, it is used in a wide range of household and industrial products. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for pipes, furnaces, and other building materials commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases such as asbestosis or mesothelioma. 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. Most of the time asbestos in good condition will not release fibres unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to remodel your house and alter it in any way, you must seek out an asbestos abatement professional for a further inspection.

If asbestos is in good health there is no need to remove it. If you are concerned about your health, you should consult a doctor. They can perform a variety of tests to see whether you are suffering from symptoms related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building where you are exposed to asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the appropriate precautions are followed. For this reason, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If homeowners decide to remove asbestos from their home, he or she must adhere to all federal and state regulations. This involves properly covering and removing all waste resulting from the project. Improper handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related ailments such as mesothelioma cancer and lung disease. To stop this from happening strict regulations have been put in place.

Asbestos that is in good shape and will not be disturbed may not pose any health risk. It is however recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos professional before beginning the work. This will enable a professional to determine whether the material requires abatement before commencing any work. It will also ensure it is properly handled properly, packed, labeled, and shipped in accordance with the government regulations.

It is illegal for anyone to work in asbestos without a license and those who break these rules face large fines. If you suspect that asbestos has not been properly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To prevent the release of fibers into air, it is important to keep the material hydrated throughout the removal process. This can be achieved by spraying the material with a mist of water or detergent prior to taking it off. After the asbestos is removed, it must be stored in plastic bags or tarps that have been double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

Alternatively, small areas of asbestos that are in good condition can be covered with commercial products that are designed to fill holes and seal damage. These products are sold in stores that specialize in asbestos materials and safety equipment. For more details on how to properly remove asbestos read How to Remove Asbestos.