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Is Asbestos Legal?

Although asbestos remains banned, numerous legislative proposals for incremental legislation have churned through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws vary from state to state, but generally property owners are required to ensure their buildings are secure and warn workers of any dangers that could be present.

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 an insulator. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos litigation is still found in more than 3,000 products. A certified inspector should examine your home or work place in the event that you suspect it could contain asbestos. A professional can advise you on what must be done when asbestos is found in your home and will work with an abatement professional when needed.

You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some instances, the victims can pursue damages based on 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 the product was a risk in itself.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help you if this theory is applicable in your case. Employers are also required to provide safe working conditions to their employees as well as adequate training in safety. This requirement can be extended to owners of buildings who employ asbestos, if they are aware employees from other companies will be using those buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. This system is often criticized for asbestos the inconsistency of the system, and because it does not cover future compensation.

In a bid to protect the public, Congress has considered but failed to pass legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. The bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have believed that the mineral was prohibited. However the United States is one of the few industrialized nations that do not have a ban on asbestos despite the fact that asbestos has been linked to cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to work every day on this issue.

In 1989 the year 1989, EPA issued a rule which prohibited the production, importation, and processing of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it for other purposes.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos was added to the list of substances that require an assessment of risk. In 2019, the EPA took a major step towards the ban when it issued an order that bolstered the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.

However, trade organizations are once again trying to stop the EPA's efforts to prohibit asbestos. These groups claim the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are alternatives in place of asbestos. They have hired experts and consultants to help make their case and are looking to lawmakers who have ties to asbestos's industry.

Our firm has been fighting this fight for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA prohibits the deadly and harmful substance in the United States. This is a crucial step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is a collection of minerals that are found naturally and are arranged into long, thin fibres. They are known for their toughness, flexibility and resistance to chemical and fire. These properties made them useful in a variety of industrial products, such as insulation.

Asbestos can be found in a variety of building and household items. Some examples include vinyl floor tiles insulation for asbestos pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for furnaces, pipes, and other building materials commonly used.

When asbestos is disturbed it releases dangerous fibres into the air. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases may be extremely latency-prone and patients may not show symptoms for a period of 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Check the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a home remodel that could cause damage to it, you should check with an asbestos removal specialist for a more thorough inspection.

If asbestos is in good shape there is no reason why you should remove it from your home. See your doctor if are concerned about your health. They can conduct a variety of tests to determine whether you are suffering from symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. In addition, state laws require public employees to receive the same protections. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide information on how to contact an asbestos removal contractor. Contact an environmental inspection firm to assess your home. They can conduct a test on your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos can be safely removed, as long as the proper precautions are taken. Asbestos removal should be done by experts who are certified and trained in the proper handling of the material. If homeowner decides to take away asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering all the waste produced by the project and disposing it. Improperly handling and disposing of asbestos could expose workers and others to asbestos-related illnesses, such as lung cancer and mesothelioma. This is why strict rules are in place to stop this from happening.

Asbestos in good health that will not be disturbed may not pose any health risks. However, it is recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos expert prior to commencing the work. This will enable a professional to determine whether the material requires removal prior to commencing any work. It will also ensure it is handled in a safe manner, packaged, labeled and transported in accordance with the regulations of the government.

Anyone who uses asbestos without a permit is violating the law, and those who do face heavy penalties. If you suspect that improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.

In the process of removing asbestos, the material must be kept wet throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray can help in this. After the asbestos is removed, it must be placed in heavy 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 coated with commercial products designed to fill holes and seal any damage. These are products can be found in stores that specialize on asbestos-related products and safety gear. Learn How to Get rid of Asbestos to learn more about how to dispose and cover asbestos in a safe manner.