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Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have churned through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's priority list of chemicals to be evaluated for risk and review.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws differ between states, but generally property owners are required to keep their premises safe and inform employees of any risks that might be present.

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 cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even in the present, asbestos is found in over 3,000 different products. If you believe your workplace or house may contain asbestos, an experienced inspector should check the area. A professional can advise you on what steps to take in the event that asbestos is present in your property and will work with an abatement contractor should it be necessary.

It is possible to file an asbestos claim lawsuit against a manufacturer of asbestos-containing products. It isn't always easy to prove the fault of a defendant. In certain instances, victims can pursue damages based on a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead relies on the fact that the product was a risk in itself.

An asbestos lawyer can explain the various kinds of strict liability and negligence and can advise on whether this theory applies to your particular situation. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation may extend to owners of buildings that are constructed with asbestos when it is believed that those buildings are utilized by employees of third parties.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this are required to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. This system is often criticized for the inconsistency of the system, and since it doesn't cover future compensation.

Congress was able to consider but failed to pass, legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. This legislation would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it didn't get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in building materials, and many Americans may have assumed that the mineral was prohibited. However it's true that the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that it's known to cause cancer in any amount. Our lawyers and the world's anti-asbestos activists continue to work every day to address this issue.

The first step toward prohibition came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. However, the chemical industry sued and the court reversed most of the ban. Asbestos is still being used in some manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for different purposes.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took another step towards a ban 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are trying to block the EPA's effort to stop asbestos from being used in construction. The trade groups argue that a ban would threaten the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help make their case and are now turning to legislators who have ties to asbestos companies.

This is a battle that our firm has been involved in for more than 15 years. We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and dangerous substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to tell if have Asbestos

Asbestos is made up of a collection of minerals that naturally occur and are formed into long, fine fibres. These minerals are renowned for their flexibility, strength and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.

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

When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases such as mesothelioma or asbestosis. These illnesses can have a long latency time and Asbestos Legal patients may not notice symptoms for up to 20 years following exposure.

Many people are concerned about asbestos in their homes. Asbestos in good health will not release fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning a renovation that could disturb it, you should consult with an asbestos specialist for further examination.

If asbestos is in good shape, there is no need to remove it. Consult your physician if you are worried about your health. They can order a variety of tests to determine if you have symptoms that are related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public facility in which you are exposed to asbestos, your employer must give you information on how to reach an asbestos abatement contractor. You should also seek out an environmental inspection company to evaluate your home. These professionals can examine and test your home.

How to Remove Asbestos

Asbestos can be safely removed provided that the appropriate precautions are followed. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must follow all federal and state regulations. This includes covering up all the waste produced by the project, and then disposing of it. The improper handling and disposal of asbestos can expose people and workers to asbestos-related illnesses, like lung cancer and mesothelioma. To prevent this strict rules have been put in place.

Asbestos that is in good shape and won't be disturbed might be safe for health. However, it is advised that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos professional before starting the work. This will enable a professional to determine if the material requires removal prior to commencing any work. It will also make sure that it is properly handled properly, packed, labeled, and transported in compliance with the regulations of the government.

It is illegal to work on asbestos without a valid license anyone who is in violation of the rules are subject to severe fines. If you suspect that an improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

In the process of removing asbestos, the material should be kept moist all the time to limit the release of airborne fibers. This can be accomplished by spraying the asbestos with a water/detergent mist before taking it away. Once the asbestos has been removed, it should be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly identified as asbestos waste and removed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. They are available in stores which specialize in asbestos materials and safety equipment. Find out How to Remove Asbestos for more information on how to dispose and cover asbestos in a safe manner.