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Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been floated through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to 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 state-to-state, but in general property owners must keep their premises safe and inform workers of potential dangers.

The Law

Asbestos is a group of naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however they can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. Symptoms can take 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 different products. If you are concerned that your workplace or house may contain asbestos, an experienced inspector should check the area. A professional can advise you on what you should do if asbestos is present in your workplace or home and will collaborate with a contractor in the event of need.

It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim doesn’t require the four elements of negligence to be proven, but instead rely on the fact that a product was dangerous in its own right.

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 is applicable to your case. The law also requires employers to provide safe working conditions and adequate safety training for employees. This obligation can be extended to building owners who employ asbestos if they know that employees from third parties will be using the structures.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so are required to fund special «bankruptcy trusts» that pay victims of injury pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it doesn’t guarantee future compensation for workers.

In an effort to protect the public, Congress has considered but failed to pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies for compensation. However, it didn’t get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer a common ingredient in building materials, and some Americans might have assumed that the mineral was banned. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the rest of the world’s anti-asbestos campaign continue to work day in and day out on this issue.

In 1989 the year 1989, EPA issued a rule that prohibits the importation, production and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos continues to be utilized in certain manufacturing processes, and it’s still legal for companies to purchase the substance from mining operations and then import it for other uses.

In 2016, Congress changed the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA took a further step towards a complete ban in 2019, when it announced an official rule that enhances the agency’s capacity to stop asbestos-containing products from returning to the market.

Trade groups are trying to prevent the EPA from prohibiting asbestos. These groups argue that a ban would threaten the country’s supply of chlorine and argue that there are alternatives that are more secure than asbestos compensation. They have hired experts and consultants to help present their arguments and are looking to legislators who have ties to asbestos companies.

Our firm has been fighting this fight for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a major step to ensure that nobody else Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is made up of minerals that occur naturally and are formed into long, fine fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products including insulation.

Because asbestos is so versatile, it’s used in a variety of household and industrial items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos can also be found in shingles, ceiling tiles as well as insulation for furnaces and Asbestos Law pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Most of the time, asbestos in good condition will not release fibres unless 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 disturb it, you must consult an asbestos abatement expert for further inspection.

If Asbestos law is in good shape there is no reason to eliminate it from your home. Talk to your doctor if are worried about your health. They can recommend a range of tests to see whether you’re experiencing symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing structure your employer must provide you with information on how to contact a contractor who can remove asbestos. Contact an environmental inspection firm to assess your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the proper precautions. As a result, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If homeowner decides to take away asbestos from their home, they must follow all federal and state regulations. This includes properly covering all the waste produced by the project and disposing it. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. To prevent this, strict regulations have been put in place.

Asbestos in good health that won’t be disturbed might be safe for health. It is however recommended that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos professional before commencing the work. This will enable a professional to determine whether the material requires abatement before commencing any work. It will also ensure that it is handled in a safe manner, packaged, labeled and transported according to the government regulations.

Anyone who works with asbestos without a permit is in violation of the law. Those who break it are liable for heavy fines. If you suspect that asbestos has not been properly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into air, it is essential to keep the material wet during the removal process. This can be accomplished by spraying the material with a mist of water or detergent prior to taking it off. Once asbestos has been removed, it should be placed in large plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle.

Additionally, small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are available at stores which specialize in asbestos materials and safety items. For more information on how to properly cover asbestos and dispose of it read How to Remove Asbestos.