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Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have been floated through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for review and risk assessment.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. Laws vary by state but generally, property owners must ensure that their buildings safe and notify employees of potential dangers.

The Law

Asbestos is a range of naturally occurring minerals. It was once employed in construction because it was fireproof, chemical corrosion resistant, and insulation. Inhaling asbestos fibers, however it can cause serious health issues, such as 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. If you believe your workplace or house may contain asbestos, a licensed inspector should examine the area. A professional can advise you on what needs to be done when asbestos is found in your home and will work with an abatement professional when needed.

It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence can be difficult. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be established, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can explain the different kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your particular situation. The law also requires employers to provide secure working conditions and safety training for their employees. This obligation can be extended to building owners who use asbestos if they are aware that employees from third parties will be using the structures.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that file for bankruptcy protection are required to fund specific "bankruptcy trusts" which pay victims pennies on the dollar of past losses. This system is criticised for its lack of transparency, as well because it does not provide future compensation.

To protect the public, Congress has considered but did not pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken money that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. It was not supported by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans may have assumed that the mineral was prohibited. However, the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos has been proven to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to work daily on this issue.

The first step towards an end to the ban came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical industry 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 legal for companies to purchase the material from mining operations and import it to use for different purposes.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk evaluation. In the year 2019, the EPA took a major step towards an asbestos ban when it published a rule that strengthened the agency's abilities to prevent asbestos-containing products from returning to the marketplace.

However, trade groups continue to stop the EPA's attempt to prohibit asbestos. These groups claim that a ban would threaten the chlorine supply in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to argue their case, and they are turning to lawmakers who have ties to asbestos-related industries.

Our company has been fighting this battle for more than 15 years. We are incredibly proud to have stood alongside 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 substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is a grouping of minerals that are found naturally and are arranged into long, thin fibres. These materials are known as being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products including insulation.

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

When asbestos is disturbed it releases harmful fibers into the atmosphere. If inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like mesothelioma and asbestosis. These diseases may be long-lasting and sufferers may not notice symptoms for 20 to 50 years following exposure.

Many people are concerned that they 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 is slightly damaged or you are planning a home remodel which could impact it, you should check with an asbestos removal specialist for further examination.

If asbestos is in good condition, there is no need to eliminate it. If you are concerned about your health, consult a physician. They can conduct a variety of tests to see if you are experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. In addition the laws of the state require public employees to be provided with the same protections. If you work in an asbestos-containing structure your employer must provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. These professionals can test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed, provided that the proper precautions are taken. Asbestos removal must be performed by professionals who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must comply with all state and federal regulations. This includes properly covering every waste product generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos could expose workers and the public to asbestos-related diseases including lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from occurring.

If asbestos is in good condition and will not be affected, it will not be 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 professional before starting the work. This will allow the professional to determine whether the material requires to be removed prior to beginning any work. They will also ensure that it is handled, packaged and labeled, transported and disposed of in compliance to the rules of the government.

Anyone who is working with asbestos without a permit is breaking the law. Those who break it face heavy penalties. If you suspect that an improper abatement has occurred on your property, call 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 essential to keep the material hydrated during the removal process. This can be achieved by spraying the material with a mist of detergent and water prior to taking it away. Once asbestos has been removed, it is stored in plastic bags or tarps double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

In addition small areas of asbestos that are in good condition can be covered with commercially-made products designed to repair holes and seal damages. These products are sold in stores that specialize on asbestos materials and safety equipment. See How to Remove Asbestos for more information on how to cover and dispose asbestos properly.