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Is Asbestos Legal?

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

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, but generally property owners are required to keep their buildings safe and warn employees of any risks that might be present.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however they can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is still found in over 3,000 different products. A qualified inspector should check your home or work place in the event that you suspect it could contain asbestos. A professional can assist you in determining what should be done when asbestos is found on your property and work with an abatement professional when needed.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. It can be difficult to prove the fault of a defendant. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead relies on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the various types of negligence and strict liability and will be able to advise you if this theory is applicable to your particular situation. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation could extend to owners of structures where asbestos is used in the event that it is established that those buildings will be utilized by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their past losses. This system has been criticized for its lack of transparency as well as the fact that it does not cover workers' future compensation.

Congress looked at but did not adopt legislation that would have created an investment fund of $140 billion for asbestos to be used in lieu of litigation. This bill would have taken money kept 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 ubiquitous in construction materials, and a lot of Americans might have assumed that the mineral was prohibited. However it's true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been linked to cancer in any quantity. This is an issue our lawyers and the international anti-asbestos movement continue to work on each day.

The first step towards the ban was in 1989, when the EPA issued a rule banning the production, importation and processing of the majority of asbestos-containing products. However, the chemical industry sued and the court reversed most of the ban. Asbestos continues to be used in some manufacturing processes, and it's legal for firms to purchase the material from mining operations and import it to use for other purposes.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require an assessment of risk. In 2019, the EPA took a major step towards the ban when it issued a rule that strengthened the agency's ability to stop asbestos-containing products from coming back to the marketplace.

Trade groups are once again trying to stop the EPA's efforts to stop asbestos from being used in construction. They claim that asbestos bans would be a threat to the supply of chlorine in the United States and argue that there are better alternatives to asbestos. They have hired consultants and experts to help them make their argument. They're also reaching out to lawmakers with ties to asbestos.

Our company has been fighting this fight for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the dangerous and deadly substance in the United States. This is a significant step to ensure that no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is a class of naturally occurring minerals that are placed in thin, long fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products, including insulation.

Asbestos is utilized in many different types of household and building items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These diseases have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless they are disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a home remodel that could affect it, you should speak with an asbestos specialist to conduct a further examination.

If asbestos is in good condition, there is no need to get rid of it. If you are concerned about your health, you should consult with a physician. They can recommend a range of tests to determine if you are experiencing symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. Additionally, state laws require public employees to receive the same protections. If you work in a public building in which you are exposed to asbestos, your employer should provide details on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to examine your home. The experts can examine and test your home.

How to Get Asbestos Out

Asbestos can be safely removed provided that the proper precautions are followed. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must abide by state and federal regulations regarding the manner in which they do it. This involves properly covering and disposing of any waste from the project. Improper handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To prevent this strict guidelines have been put in place.

If asbestos is in good condition and will not be damaged, it is unlikely to cause health risks. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected before you begin work. This will allow a professional to determine if the material requires removal prior beginning any work. It also helps ensure it is handled in a safe manner, packaged, labeled and transported according to the government regulations.

Anyone who uses asbestos without a permit is violating the law and those who violate it face heavy fines. If you suspect that asbestos was improperly removed from your property, call your local environmental department or state quality department or the Occupational Safety and Health Administration.

When removing asbestos, the material needs to be kept moist throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior to getting rid of it using a detergent or water spray can help in this. Once the asbestos has been removed, it has to be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

In addition small areas of asbestos that are in good condition can be covered with commercial products that are designed to fill holes and seal damage. They are available in stores which specialize in asbestos materials and safety equipment. For more information on how to properly remove asbestos read How to Remove Asbestos.