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Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact that asbestos is still prohibited. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws differ from state to state, but generally, property owners are required to ensure their buildings are safe and warn workers of any possible dangers.

The Law

Asbestos is a class of naturally occurring minerals that were once a popular choice in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can cause serious health issues, including mesothelioma, Asbestos Legal cancer of the lung and asbestosis. Symptoms can take 15 to 30 years to appear after exposure. Even in the present, asbestos is found in over 3,000 different products. If you believe your workplace or home might contain asbestos, an experienced inspector should inspect the area. A professional can tell you what steps to take should asbestos be found in your workplace or at home and work with a contractor in the event of need.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In some instances, the victims can seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can provide information on the various types of negligence and strict liability and can advise on whether this theory applies to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training for their employees. This obligation can be extended to building owners who employ asbestos if they know that third-party employees will use the buildings.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that use this method are required to provide "bankruptcy funds" which pay injured victims pennies for their losses in the past. The system is criticized for its lack of transparency and because it does not provide future compensation.

In an effort to protect the public, Congress has considered but was unable to pass legislation that would establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos isn't as widespread in construction materials, and a lot of Americans might have believed the mineral was prohibited. The United States is one the few industrialized countries that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the world's anti-asbestos activists continue to work day in and Asbestos Legal day out to address this issue.

In 1989, the EPA published a rule that prohibited the production, importation, and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos continues to be used in a variety of manufacturing processes, and it's still 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 hazardous chemicals. Asbestos was added to the list of substances which require a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued an ordinance that strengthened the agency's abilities to prevent asbestos-containing products from resurfacing on the marketplace.

Trade groups are attempting to prevent the EPA from bans on asbestos. These groups argue that a ban will affect the chlorine supply in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case and are now looking to lawmakers with ties to the asbestos industry.

This is a war that our company has been involved in for more than 15 years. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the dangerous and deadly substance in the United States. This is a crucial step to ensure that no 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 a class of naturally occurring minerals that are placed in long, thin fibers. They are known for being strong, flexible and resistant to chemicals and fire. These qualities made them suitable in a variety of industrial products, such as insulation.

Because asbestos is extremely versatile, it's utilized in a myriad of buildings and household items. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling asbestos fibers can result in serious lung conditions like mesothelioma or asbestosis. These illnesses can have a long latency time, and victims may not be symptomatic for 20 to 50 years following exposure.

Many people are worried that they might have asbestos in their homes. Asbestos in good condition is unlikely to release any fibers until it is damaged. Homeowners must inspect the material for tears, abrasions or water damage. If the material is damaged or you are planning a remodel that could affect it, you must consult with an asbestos abatement specialist for a more thorough examination.

If asbestos is in good shape, there is no reason not to remove it from your home. Consult your physician if you are worried about your health. They can conduct various tests to determine if there are symptoms that are related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. These professionals can examine and test your home.

How to Remove Asbestos

Asbestos removal is safe provided you take the appropriate precautions. Asbestos removal must be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must adhere to the federal and state regulations for how to complete the task. This includes covering and removing all waste generated by the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. To stop this from happening strict rules have been put in place.

If asbestos is in good shape and is not affected, it will not pose a health threat. It is recommended to have any ACM that will be disturbed during renovations or demolition inspected before you start the work. This will enable the professional to determine whether the material should be removed prior to beginning any work and will also ensure that it is handled, packaged and labeled, transported and then disposed of in accordance to the rules of the government.

Anyone who is working with asbestos without a permit violates the law. Those who break it face heavy fines. If you suspect that an improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

To minimize the release of fibers into the air, it is crucial to keep the material wet throughout the removal process. Spraying the material before getting rid of it using a detergent or water spray will aid in this. Once asbestos has been removed, it needs to be placed in thick plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly marked as asbestos waste and then disposed of in a leak-proof vehicle.

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 are sold at stores that specialize in asbestos products and safety products. Check out How to Remove Asbestos for more details about how to cover and dispose of asbestos in a safe manner.