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Is Asbestos Legal?

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

Property owners are also accountable for asbestos-related injuries, as are mining companies. State laws differ but generally, property owners must ensure that their structures safe and inform workers of any dangers that could be present.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however they can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is present in more than 3,000 different products. If you believe your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can advise you on what steps to take when asbestos is found in your home or workplace and will work with a contractor in the event of need.

You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In certain cases, victims can seek damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proved however, instead it relies on the fact that a product was inherently hazardous.

An asbestos lawyer can explain the different kinds of negligence and strict liability and will advise you on whether 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 obligation could extend to owners of buildings where asbestos is utilized if it is known that those buildings are utilized by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who comply with this procedure are required to pay "bankruptcy funds" which pay injured victim's pennies on their past losses. The system is criticized for its inconsistency of the system, and because it doesn't cover future compensation.

Congress was able to consider but could not approve, legislation that would have created a $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and many Americans might have believed asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work every day on this issue.

In 1989 the year 1989, the EPA published a rule that prohibits the importation, production and Asbestos processing of asbestos-containing products. However chemical industry filed a suit and the court overturned the majority of the ban. Asbestos continues to be used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it for other purposes.

In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk evaluation. The EPA made another significant step towards a ban 2019, when it announced a final rule that strengthens the agency's capacity to stop asbestos-containing products from returning to the market.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. These groups argue that a ban will affect the nation's supply of chlorine and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help to make their case and are now turning to lawmakers who are connected to asbestos-related industries.

This is a battle our firm has been involved in for over 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a huge step in ensuring that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to tell if you Are Infected with Asbestos

Asbestos is made up of a grouping of minerals that naturally occur and are laid out into long, thin fibers. These minerals are renowned for their strength, flexibility and resistance to fire and chemicals. These qualities make them ideal in a number of industrial products, including insulation.

Because asbestos is so versatile, it's used in a variety of household and industrial products. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles or shingles, insulation for pipes, furnaces, and other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these microscopic fibers may enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These diseases may be long-lasting and patients may not show symptoms for 20 to 50 years following exposure.

Many people worry about asbestos in their homes. In most cases, asbestos in good condition will not release fibers unless disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning a remodel that could affect it, you should check with an asbestos removal specialist for further examination.

If asbestos is in good health, there is no need to eliminate it. Talk to your doctor if are concerned about your health. They can order various tests to determine if you suffer from symptoms relating to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you work in a public building that is exposed to asbestos, your employer should give you information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. The experts can inspect your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper precautions are followed. For this reason, asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos from their home, they must adhere to federal and state laws regarding how to complete the task. This includes properly covering all the waste produced during the process and properly disposing it. Improperly handling and disposing of asbestos could expose workers and the general public to asbestos-related diseases including lung cancer and mesothelioma. This is why strict rules are in place to prevent this from occurring.

Asbestos that is in good shape and won't be disturbed might not pose a health risk. However, it is advised that you have any ACM which is affected through demolition or renovations examined by an asbestos expert prior to starting the work. This will permit the professional to determine whether the material must be sprayed prior to starting any work and will also ensure that it is treated, packaged, labeled, transported, and then disposed of in accordance with government regulations.

Anyone who is working with asbestos without a permit is in violation of the law, and violators face heavy fines. If you suspect that improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or the state department of environmental health.

To reduce the release of fibers into the air, it is important to keep the material wet throughout the removal process. This can be accomplished by spraying the material with a water/detergent mist before taking it off. After the asbestos has been removed, it must be put into plastic bags or tarps that are double-wrapped with tape. The material should be clearly labeled as asbestos waste and then disposed in a leak-proof vehicle.

Alternatively small areas of asbestos in good condition can be covered with commercial products designed to fill holes and seal damage. These products are available in stores that specialize in asbestos materials and safety equipment. Find out How to Get Asbestos Out for more information about how to cover and dispose asbestos safely.