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Is Asbestos Legal?

Although asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to EPA's list of priority chemicals for review and risk assessment.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. State laws differ however, in general, property owners must keep their buildings safe and notify workers of any dangers that could be present.

The Law

Asbestos is a range of naturally occurring minerals. It was once used in construction as it was fire-resistant, chemical corrosion resistant, and insulating. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms may take 15 to 30 years to develop after exposure. Even today, asbestos is found in over 3,000 different products. If you are concerned that your workplace or home may contain asbestos, a certified inspector should be able to inspect the area. A professional can determine what steps to take if asbestos is present within your home or workplace and work with a contractor should it be necessary.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some instances, victims might be able seek damages under the 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 provide information on the various kinds of negligence and strict liability and will be able to advise you if this theory applies to your case. The law also requires employers to provide safe working conditions and safety training for their employees. This obligation may extend to the owners of buildings where asbestos is utilized in the event that it is established that the buildings are utilized by employees of third parties.

Many asbestos manufacturers escaped 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 is often criticized for the inconsistency of the system, and because it does not cover future compensation.

Congress looked at but failed to pass legislation that would have established the $140 billion trust fund for asbestos instead of pursuing litigation. This legislation would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and many Americans might have believed that the mineral was not allowed. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work every day to address this issue.

In 1989 in 1989, the EPA published a rule that prohibited the manufacture, importation and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and buy it from mining operations.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more power to regulate hazardous chemicals. Asbestos was added to the list that requires an assessment of risk. In the year 2019, the EPA made a significant step towards an end to asbestos when it announced a rule that strengthened the agency's capacity to stop asbestos-containing product from returning to the marketplace.

Trade groups are trying to block the EPA's effort to stop asbestos from being used in construction. They argue that a ban would jeopardize the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to present their arguments, and they are turning to lawmakers who are connected to asbestos's industry.

This is a battle that our company has been involved in for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly chemical in the United States. This is an important step to ensure that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Determine if You Are Infected with Asbestos

Asbestos is a group of naturally occurring minerals that are placed in thin, long fibers. They are known for their strength, flexibility and resistance to chemicals and fire. These qualities made them useful in a variety of industrial products like insulation.

Because asbestos is so versatile, it is used in a variety of household and building items. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as asbestosis and mesothelioma. These illnesses have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people worry about asbestos in their homes. The majority of the time asbestos in good condition will not release fibres unless disturbed. Homeowners must inspect the material for tears, abrasions or water damage. If the material appears slightly damaged, or if you plan to remodel your house and alter the material in any way, you should seek out an asbestos abatement professional for a thorough examination.

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

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you work in a public facility where you are exposed asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm 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 followed. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos from their house, they must comply with the federal and state regulations for how the work is done. This includes properly covering all the waste produced during the project and properly disposing of it. The improper handling and disposal of asbestos can expose workers and the general public to asbestos-related diseases, like lung cancer, and mesothelioma. This is the reason strict regulations are in place to prevent this from happening.

If asbestos is in good condition and is not damaged, it is unlikely to pose a health threat. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition checked prior to when you begin the work. This will let the professional know whether the material requires to be removed prior to beginning any work. They will also ensure that it is treated, packaged in a way that is labeled, transported and then disposed of in accordance to the rules of the government.

Anyone who uses asbestos without a permit is violating the law, and violators are liable for heavy fines. If you suspect that asbestos was not properly 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 must be kept wet throughout the process to prevent the release of airborne fibers. This can be accomplished by spraying the material with a water/detergent mist before taking it away. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and disposed of in a leak-proof vehicle.

In addition, small areas of asbestos law that are 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 products. See How to Remove Asbestos for more details on how to cover and dispose asbestos in a safe manner.