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Is Asbestos Legal?

Congress has passed a number of incremental legislation plans despite the fact asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state however, in general, property owners are required to keep their buildings safe and inform workers of any potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, lung cancer and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even in the present, asbestos can be found in over 3,000 different products. A qualified inspector should be able to inspect your home or work place when you suspect it may contain asbestos. A professional can tell you what you should do should asbestos be present in your workplace or at home and will work with a contractor if needed.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim doesn't require the four elements of negligence to be established however, instead it relies on the fact that a product was a risk in itself.

An asbestos lawyer can provide information on the different kinds of strict liability and negligence and will advise you on whether this theory applies to your particular situation. Employers are also required to provide safe working conditions for their employees and provide adequate training in safety. This obligation may extend to the owners of structures where asbestos is used when it is believed that the buildings will be utilized by third party employees.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to provide "bankruptcy funds" which pay injured victims pennies based on their previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not guarantee future compensation for workers.

Congress was able to consider but failed to pass legislation that would have created the $140 billion trust fund for asbestos as a substitute for litigation. This legislation would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned due to the fact that it's no longer a commonly used building material. However it's true that the United States is one of the few industrialized countries that does not ban asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of the majority of asbestos-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require an assessment of risk. The EPA took a further step towards a ban 2019, when it announced a final rule that strengthens the agency's capability to prevent asbestos-containing items from returning to the market.

Trade groups are attempting to prevent the EPA from banning asbestos. They claim that the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are safer options than asbestos lawsuit. They have hired experts and consultants to make their case and are now turning to lawmakers who are connected to asbestos-related industries.

Our firm has been fighting this fight for more than 15 year. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step to ensure that no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Tell if You Are Suffering from Asbestos

Asbestos is one of the naturally occurring minerals that are arranged in thin, long fibers. These materials are well-known for their strength, flexibility and resistance to fire and chemicals. These properties made these materials useful in a variety of industrial products, including insulation.

Because asbestos is so versatile, it's used in a myriad of household and commercial products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibres into air. Inhaling the fibers can trigger serious lung diseases such as asbestosis or mesothelioma. These illnesses can have a long latency time and sufferers may not notice 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. Be sure to inspect the material for water damage, abrasions or tears. If the material is damaged or you are planning a renovation which could impact it, you should check with an asbestos abatement specialist to conduct an additional inspection.

If asbestos is in good condition, there is no reason to eliminate it from your home. If you are concerned about your health, you should consult a physician. They can order a variety of tests to determine if you suffer from symptoms linked to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield 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 asbestos, your employer should provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to assess your home. They will examine and test your home.

How to Remove Asbestos

Asbestos removal is safe if you take the appropriate precautions. This is why asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos from their home, they must abide by federal and state regulations on how the work is carried out. This includes covering every waste product generated during the project and properly disposing of it. Incorrect handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict rules are in place to prevent this from happening.

If asbestos is in good condition and is not damaged, it is unlikely to pose a health risk. However, it is advised that you have any ACM that is likely to be affected through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will allow the professional to determine if the material needs to be removed prior to commencing any work and will also ensure that it is treated, packaged and labeled, transported and disposed of in compliance with the regulations of the government.

It is illegal to work with asbestos without a license Anyone who does not comply with the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into the air, it is important to keep the material hydrated during the removal process. This can be achieved by spraying the material with a mist of water or detergent prior to removing it. After the asbestos has been removed, it should be put into plastic bags or tarps that are double-wrapped with tape. This material should be clearly identified as asbestos waste, and then disposed in a leak-proof vehicle.

In addition small areas of asbestos that are in good condition can be coated with commercial products designed to make holes or seal the damage. These are available at shops which specialize in asbestos materials and safety products. For more information about how to cover asbestos and dispose of it read How to Remove Asbestos.