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Is Asbestos Legal?

Although asbestos is still banned numerous legislative proposals for incremental legislation have been passed through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals to be evaluated for risk 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, generally, property owners are required to keep their buildings safe and inform workers of any potential dangers.

The Law

Asbestos is a variety of minerals that are naturally occurring. It was once used in construction since it was fireproof, chemical corrosion resistant and insulates. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms may develop 15-30 years after. Even today, asbestos is found in more than 3000 products. A qualified inspector should inspect your home or work place if you suspect that it might contain asbestos. A qualified professional can help you decide what steps to take when asbestos is found within your home or workplace and work with a contractor if needed.

It is possible to make an asbestos lawsuit against the producer of 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 removes the need to prove the four elements of negligence and relies instead on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and can advise on whether this theory is applicable to your case. The law also requires that employers provide safe working conditions as well as adequate safety training for employees. This obligation may extend to owners of structures where asbestos is used when it is believed that those buildings will be used by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who make this decision are required to create "bankruptcy funds" which pay victims of injury pennies for their losses in the past. This system has been criticized due to its lack of transparency and the fact that it does not pay future workers' compensation.

In an effort to protect the public, Congress has considered but failed to pass legislation that would create a $140 billion asbestos trust fund to replace litigation. This bill would have taken funds held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was prohibited because it's no longer a common building material. However it is true that the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos has been linked to cancer in any amount. Our lawyers and of the world's anti-asbestos campaign continue to work daily to address this issue.

In 1989 the year 1989, EPA issued a rule which banned the importation, manufacture, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it for different purposes.

In 2016 Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued a rule that strengthened the agency's capabilities to prevent asbestos-containing products from coming back to the marketplace.

However, trade organizations continue to stop the EPA's attempt to stop asbestos from being used in construction. These groups argue that a ban could threaten the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help argue their case and are now looking to lawmakers who have ties to asbestos-related industries.

Our company has been fighting this fight for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is a huge step towards ensuring that nobody else Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is a group of naturally occurring minerals that are arranged in thin, long fibers. These minerals are regarded as being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products including insulation.

Asbestos is used in a variety of building and household items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes, and other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the microscopic fibers could enter the lungs and cause serious lung diseases, such as mesothelioma and asbestosis. These illnesses may be long-lasting and patients might not experience symptoms for up to 20 years after exposure.

Many people worry that they have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. Examine the material for water damage, abrasions or tears. If the material is damaged or you are planning a home remodel that could affect it, you should consult with an asbestos abatement specialist to conduct an additional examination.

If asbestos is in good shape, there is no reason to remove it from your home. Consult your physician if you are concerned about your health. They can perform various tests to determine if you have symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally the state laws require public employees to be provided with the same protections. If you work in a public building where you are exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. Contact an environmental company to evaluate your home. The experts can inspect your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos can be safely removed, provided the proper precautions are taken. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos from their home, they must adhere to federal and state regulations on how the work is done. This includes covering up all waste generated by the project, and then disposing of it. The improper handling and disposal of asbestos could expose workers and others to asbestos-related illnesses, including lung cancer and mesothelioma. To avoid this strict guidelines have been put in place.

If asbestos is in good shape and will not be damaged, it is unlikely to cause health risks. However, it is advised that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos expert prior to starting the work. This will enable a professional to determine if the material needs to be removed prior to starting any work. It will also ensure it is handled in a safe manner, packaged, labeled and transported according to the government regulations.

It is illegal for anyone to work with asbestos without a license anyone who is in violation of these rules can face substantial fines. If you suspect that improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To minimize the release of fibers into air, it is essential to keep the material moist during the removal process. This can be achieved by spraying the material with a detergent or water mist prior to taking it off. Once the asbestos is removed, it is placed in large plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof car.

Additionally small areas of asbestos in good condition can be coated with commercial products designed to make holes or seal the damage. These are available at stores which specialize in asbestos materials and safety items. For more information on how to properly cover and dispose of asbestos Learn How to Remove Asbestos.