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Is Asbestos Legal?

Congress has passed several incremental legislation proposals despite the fact that asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review.

Property owners are also liable for asbestos-related injuries, as are mining companies. The laws vary between states, however, generally, property owners are required to keep their buildings secure and warn employees of any risks that might be present.

The Law

Asbestos is an assortment of naturally occurring minerals. It was previously used in construction since it was fireproof, chemical corrosion-resistant and insulation. However, inhaling asbestos fibres can lead to serious health issues like lung cancer, mesothelioma and asbestosis. After exposure, symptoms could develop 15-30 years after. Even today, asbestos is found in more than 3,000 different products. A qualified inspector should check your home or work place if you suspect that it might contain asbestos. A professional can advise you on what must be done in the event that asbestos is present on your property and work with an abatement contractor if necessary.

It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In some instances, the victims can seek damages under a theory of strict liability. This type of claim eliminates the need to prove the four elements of negligence, and is based 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 is applicable to your situation. Employers are also required to offer safe working conditions for their employees and adequate education in safety. This obligation could extend to the owners of buildings where asbestos is utilized when it is determined that those buildings are utilized by employees of third parties.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not provide workers with future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was banned because it is not a typical building material. 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 movement continue to work day in and day out on this issue.

The first step toward a ban came in 1989 when the EPA issued a directive prohibiting the production, importation and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another major step towards a ban 2019 when it published the final rule, which strengthens the agency's ability to stop asbestos-containing items from returning to the market.

Trade groups are trying to block the EPA from prohibiting asbestos. These groups claim the ban on asbestos will threaten the country's chlorine supply and claim that there are better alternatives than asbestos. They have hired experts and consultants to argue their case and are now turning to lawmakers who are connected to the asbestos industry.

This is a war that our firm has been involved in for more than 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and dangerous substance in the United States. This is a crucial step in ensuring that other Americans will suffer the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is an assortment of naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to chemicals and fire. These qualities made them useful in a range of industrial products including insulation.

Asbestos is utilized in many different types of household and building products. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles and shingles, asbestos Lawyer as well as insulation for pipes, furnaces and other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases like mesothelioma or asbestosis. These illnesses have a long time of latency, and patients may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to remodel your house and alter it in any way, you must seek out an asbestos abatement professional for a second inspection.

If asbestos is in good health there is no need to get rid of it. Consult your doctor if you are concerned about your health. They can order a variety of tests to determine if there are symptoms that are related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in a public facility where you are exposed to asbestos, your employer must provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a thorough visual inspection.

How to Get Asbestos Out

Asbestos removal is safe when you follow the correct precautions. Asbestos removal is best performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to the federal and state regulations for how the work is carried out. This includes properly covering all the waste produced during the project and properly disposing of it. Incorrectly handling and disposing of asbestos could expose workers and the public to asbestos-related illnesses, like lung cancer and mesothelioma. To stop this from happening strict guidelines have been enacted.

Asbestos that is in good shape and is not disturbed could not pose any health risk. However, it is highly recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos litigation professional before beginning the work. This will allow the professional to determine whether the material must be removed prior to commencing any work and will also ensure that it is handled, packaged, labeled, transported, and then disposed of in accordance to the rules of the government.

Anyone who uses asbestos without a permit is breaking the law, and those who do face severe penalties. If you suspect that asbestos was not properly removed from your property, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material needs to be kept wet constantly to minimize the release of airborne fibers. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. After the asbestos has been removed, it should be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and then disposed of in a leak-proof vehicle.

Additionally, small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These are sold at stores that specialize in asbestos-related materials and safety equipment. Check out How to Remove Asbestos for more information on how to cover and dispose of asbestos safely.