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Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been passed through Congress. One of these proposed legislations, 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 companies, property owners can be held accountable for asbestos-related injuries. Laws vary by state, but in general property owners are required to keep their buildings safe and notify workers of the potential hazards.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was once used in construction as it was fire-resistant, chemical corrosion resistant and insulating. Inhaling asbestos fibers, however they can trigger serious health problems, including asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to show up after exposure. Even today, asbestos is present in over 3,000 different products. A qualified inspector should check your home or work place in the event that you suspect it could contain asbestos. A professional can determine what to do should asbestos be found within your home or workplace and work with a contractor when needed.

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims may be able to seek damages on the basis of strict liability. This type of claim removes the need to prove the four elements of negligence, and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the different kinds of negligence and strict liability and can advise on whether this theory is applicable to your situation. The law also requires that employers provide safe working conditions as well as adequate safety education to employees. This obligation could extend to the owners of structures where asbestos is used when it is determined 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 specific "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't provide workers with future compensation.

In an effort to protect the public, Congress has considered but failed to pass legislation to establish a $140 billion asbestos trust fund in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies for compensation. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in building materials, and some Americans might have believed that the mineral was prohibited. The United States is one the few industrialized countries that do not ban asbestos despite its well-known cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to work every day on this issue.

The first step towards a ban came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of the majority of asbestos-containing products. Chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still employed in a few manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it for other purposes.

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

However, trade groups are trying to stop the EPA's plan to prohibit asbestos. They claim that a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are better alternatives than asbestos. They have hired experts and consultants to aid them in making their case. They're also reaching out on lawmakers who have connections to asbestos.

This is a battle that 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 Asbestos Legal we will continue to join until the EPA prohibits this harmful and deadly substance in the United States. This is an important step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is made up of a collection of minerals that are naturally occurring and are arranged into long, thin fibers. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties made them useful in a variety of industrial items, including insulation.

Asbestos is utilized in a variety of household and building items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are but a few examples. 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 harmful fibers into the atmosphere. Inhaling these fibers can lead to serious lung diseases such as asbestosis or mesothelioma. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. Asbestos in good health is unlikely to release any fibers until it is damaged. Inspect the material for water damage, abrasions, or tears. If the material is damaged or you are planning to remodel your home that could cause damage to it, you should check with an asbestos abatement specialist to conduct an additional inspection.

If asbestos is in good condition there is no need to get rid of it. Consult your doctor if you are worried about your health. They can conduct a variety of tests to determine whether you are suffering from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. Additionally, state laws require public employees to be provided with the same protections. If you are employed in an asbestos-containing facility the employer has to provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. The experts can examine and test your home.

How to Get Asbestos Out

Asbestos is safe to remove provided that the appropriate precautions are followed. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If a homeowner decides to remove asbestos-containing materials from their house, they must comply with the federal and state regulations for how to complete the task. This includes covering up all waste generated by the project and disposing it. Unsafe handling and disposal of asbestos can expose workers and the public to asbestos claim-related ailments, including lung cancer and mesothelioma. To prevent this strict rules have been enacted.

Asbestos that is in good condition and is not disturbed could not pose any health risk. However, it is highly recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos professional before starting the work. This will allow the professional to determine whether the material must be abated before starting any work. It will also ensure that it is handled, packed in a way that is labeled, transported and disposed of in compliance to the rules of the government.

Anyone who is working with asbestos law 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 local environmental department or state quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material should be kept moist constantly to minimize the release of airborne fibers. Spraying the material before removal with a detergent or water spray can help in this. After the asbestos has been removed, it has to be placed in thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste and disposed in a leak-proof car.

Alternatively small areas of asbestos that are in good condition can be covered with commercial products that are designed to repair holes and seal damages. These products are available in stores that specialize on asbestos materials and safety equipment. Learn How to Remove Asbestos for more information on how to dispose and cover asbestos in a safe manner.