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Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals for risk assessment and review.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state, however, in general, property owners are obliged to keep their properties safe and warn workers of any dangers that could be present.

The Law

asbestos claim is a range of naturally occurring minerals. It was once employed in construction because it was fire resistant, chemical corrosion resistant and insulation. Inhaling asbestos fibers, however, can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even today, asbestos is found in more than 3,000 products. A qualified inspector should inspect your workplace or home when you suspect it may contain asbestos. A professional can assist you in determining what steps to take should asbestos be found in your property and will collaborate with an abatement contractor should it be necessary.

It is possible to start an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving a defendant's negligence is a challenge. In some cases, victims can seek damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven and instead relies on the fact that a product was inherently dangerous.

An asbestos lawyer can explain strict liability, negligence, and the various types of liability and tell you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and safety training for their employees. This obligation may extend to owners of buildings that are constructed with asbestos when it is believed that those buildings will be used by employees of a third party.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system has been criticized for its lack of transparency and the fact that it does not guarantee future compensation for workers.

Congress looked at but could not approve, legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts 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 isn't as widespread in building materials, and some Americans may have assumed that the mineral was prohibited. However the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been linked to cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos community continue to work on every day.

In 1989 the year 1989, EPA issued a rule that prohibited the production, importation, and processing of asbestos-containing products. However chemical companies filed a lawsuit 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 buy it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took a further step toward a ban in 2019 when it issued an official rule that enhances the agency's capability to prevent asbestos-containing products from resurfacing on the market.

However, trade groups continue to block the EPA's effort to prohibit asbestos. These groups claim that a ban would jeopardize the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case and are looking to lawmakers who have ties to asbestos's industry.

This is a war that our firm has been involved in for over 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and dangerous substance in the United States. This is a crucial step towards ensuring that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Know if You Have Asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in long, thin fibers. These materials are known for their durability, flexibility, and resistance 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. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibres into the atmosphere. Inhaling asbestos fibers can result in serious lung diseases such as asbestosis or mesothelioma. These diseases can have a long time of latency and sufferers might not experience symptoms for up to 20 years following exposure.

Many people are worried that they might have asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you're planning to remodel your house and alter the material in any way, you should consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good condition there is no reason to remove it. If you are concerned about your health, consult a physician. They can perform various tests to determine whether you suffer from symptoms that are related to exposure to asbestos.

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 receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should provide information on how to reach an asbestos abatement contractor. You should also call an environmental inspector to examine your home. The experts can examine and test your home.

How to Get Asbestos Out

asbestos claim is safe to remove provided that the appropriate precautions are followed. Asbestos removal should be performed by experts who have been trained and licensed in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must comply with all federal and state regulations. This includes covering any waste generated by the project, and then disposing of it. Incorrectly handling and disposing of asbestos could expose people and workers to asbestos-related ailments, including lung cancer and mesothelioma. This is why strict rules are in place to prevent this from occurring.

Asbestos that is in good condition and won't be disturbed might not pose any health risks. However, it is advised that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will let the professional know whether the material should be sprayed prior to starting any work. It will also ensure that it is properly handled, packaged, labeled, transported, and disposed of in accordance with the regulations of the government.

It is illegal to work on asbestos without a valid license and those who break the rules are subject to severe fines. If you suspect that asbestos has not been properly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the substance must be kept wet at all times to reduce the release of airborne fibers. Spraying the asbestos prior taking it off with a water/detergent spray will help achieve this. After the asbestos is removed, it is placed in heavy plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof car.

You can also cover small areas of asbestos in good condition with commercial products that fill in holes and seal any damage. These are available at stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly remove asbestos read How to Remove Asbestos.