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Is Asbestos Legal?

Congress has passed several incremental legislations despite the fact asbestos is still banned. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals to be reviewed and assessed for risk.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. Laws vary by state however, in general, property owners must keep their premises safe and inform employees of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once popular in the construction industry due to its fire-resistant chemical resistance and insulation properties. Inhaling asbestos fibers they can trigger serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to show up after exposure. Even today, asbestos is still found in over 3,000 different products. If you are concerned that your home or workplace may contain asbestos, a qualified inspector should examine the area. A professional can assist you in determining what steps to take in the event that asbestos is present within your home or workplace and work with an abatement professional if necessary.

It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim eliminates any need to prove four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can provide information on the various kinds of strict liability and negligence and will advise you on whether this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees as well as adequate training in safety. This obligation can extend to the owners of buildings where asbestos is utilized when it is believed that the building are utilized by third party employees.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies who make this decision are required to create "bankruptcy funds" that pay injured victims pennies for their previous losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

To protect the public, Congress has considered but failed to pass legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken funds held in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in building materials, and some Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. This is a problem that our lawyers and the international anti-asbestos campaign continue to work on each day.

In 1989, the EPA issued a rule which prohibited the production, importation, and processing of asbestos-containing products. However chemical industry filed a suit and the court reversed the majority of the ban. asbestos litigation continues to be employed in a few manufacturing processes, and it's still legal for firms to purchase the material from mining operations and then import it for other uses.

In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos is now on the list of chemicals that require an assessment of risk. In the year 2019, the EPA took a major step towards an asbestos ban when it published an ordinance that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are trying to prevent the EPA from prohibiting asbestos. They argue that a ban would threaten the country's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help to make their case and are looking to lawmakers who have ties to asbestos's industry.

This is a war that our firm has been involved in for over 15 years. 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 major step to ensure that there is no longer a chance for Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Determine if You Are Suffering from Asbestos

Asbestos is minerals that occur naturally and are laid out into long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products, including insulation.

Because asbestos is so versatile, it's used in a myriad of household and building products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are just a few examples. Asbestos can also be found in ceiling tiles and shingles, insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibres into the air. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These illnesses have a long period of time before they manifest, and the victims may not notice symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their homes. The majority of the time asbestos in good condition will not release fibers unless they are disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you're planning to remodel your home and alter it in any way, consult an asbestos abatement specialist for a second inspection.

If asbestos is in good condition there is no reason to remove it. If you are concerned about your health, seek advice from a physician. They can conduct various tests to determine if there are symptoms related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you are employed in a public establishment in which you are exposed to asbestos, your employer should give you information on how to contact an asbestos removal contractor. You should also contact an environmental inspection company to examine your home. These professionals can test your home and conduct a thorough visual examination.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the appropriate precautions are taken. As a result, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to take away asbestos from their home, he or she must comply with all federal and state regulations. This includes covering up all waste generated during the project and properly disposing of it. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related illnesses, including lung cancer and mesothelioma. To avoid this, strict regulations have been put in place.

If asbestos is in good shape and has not been affected, it will not be a health risk. However, it is recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos professional before starting the work. This will enable a professional to determine if the material needs to be removed prior to starting any work. It will also ensure it is handled in a safe manner, packaged, labeled and shipped in accordance with the regulations of the government.

It is illegal to work with asbestos without a license Anyone who does not comply with these regulations face severe penalties. If you suspect that an improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.

When removing asbestos, the substance must be kept moist constantly to minimize the release of airborne fibers. Spraying the asbestos prior to removal with 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 that are double-wrapped with tape. The material should be clearly marked as asbestos waste and removed in a leak-proof vehicle.

You can also protect small areas of asbestos in good condition with commercial products that can fill holes and seal damages. These are sold at stores that specialize in asbestos materials and safety equipment. Find out How to Remove Asbestos for more information on how to dispose and cover asbestos properly.