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Is Asbestos Legal?

Congress has approved a variety of incremental legislation proposals despite the fact asbestos is still prohibited. 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 risk assessment and review.

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

The Law

Asbestos is a range of minerals that are naturally occurring. It was once used in construction as it was fire-resistant, chemical corrosion-resistant and insulating. Inhaling asbestos fibers, however, can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to develop after exposure. Even today, asbestos is still present in more than 3,000 different products. If you think your workplace or home may contain asbestos, an experienced inspector should examine the area. A professional can advise you on what steps to take when asbestos is found in your workplace or at home and will work with a contractor if needed.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some instances, the victims may pursue damages based on a theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and is based on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of liability and tell whether this theory applies in your case. The law also requires employers to provide safe working conditions and safety education to employees. This requirement can be extended to building owners who employ asbestos when they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Companies who use this method are required to create "bankruptcy funds" which pay injured victim's pennies based on their previous losses. This system is criticized for its lack of transparency and because it doesn't cover future compensation.

In an effort to safeguard the public, Congress has considered but did not pass legislation to establish a $140 billion asbestos trust fund in lieu of litigation. This legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans may have thought that asbestos was banned because it's no longer a common building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. This is a matter that our lawyers and the world's anti-asbestos movement continue to work on every day.

In 1989 the year 1989, the EPA issued a rule which prohibited the manufacture, importation and processing of asbestos-containing products. However chemical industry filed a suit and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the material and buy it from mining companies.

In 2016 Congress updated Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step towards a complete ban in 2019, when it released an official rule that enhances the agency's capacity to stop asbestos-containing products from resurfacing on the market.

However, trade organizations are trying to stop the EPA's plan to stop asbestos from being used in construction. These groups claim the ban on asbestos will be a threat to the supply of chlorine in the United States and argue that there are better alternatives than asbestos. They have hired experts and consultants to help argue their case, and they are turning to lawmakers with ties to asbestos's industry.

This is a battle our company has been involved in for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly substance in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is made up of minerals that occur naturally and are arranged into long, thin fibers. They are known for being strong, flexible and resistant to fire and chemicals. These properties made these materials useful in a variety of industrial products such as insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases can be extremely latency-prone, and victims may not show symptoms for 20 to 50 years following exposure.

Many people are worried about asbestos in their homes. Asbestos in good health will not release fibers until it is disturbed. Homeowners should inspect the material for tears, abrasions or water damage. If the material appears slightly damaged or if you are planning to make changes to your home or alter the material in any way, you must seek out an asbestos abatement professional for a further inspection.

If asbestos is in good shape, there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can conduct a variety of tests to see whether you're suffering from symptoms related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public facility that is exposed to asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection company to examine your home. The experts can examine and test your home.

How to Remove Asbestos

Asbestos is a safe material to remove, provided that the proper precautions are taken. Asbestos removal should be performed by experts who have been certified and trained in the proper handling of the material. If a homeowner decides to eliminate asbestos materials from their home, they must abide by federal and state laws regarding how the work is done. This includes covering every waste product generated during the process and properly disposing it. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses such as mesothelioma cancer and lung disease. This is the reason strict regulations are in place to stop this from occurring.

Asbestos in good health that won't be disturbed might not pose a health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition examined prior to you start the work. This will let the professional know whether the material should be removed prior to beginning any work. It will also ensure that it is properly handled, packaged and labeled, transported and disposed of in accordance to the rules of the government.

It is illegal for anyone to work with asbestos settlement without a license, and those who violate the rules are subject to severe fines. If you suspect improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health.

In the process of removing asbestos, the material needs to be kept moist constantly to minimize the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray can aid in this. After the asbestos has been removed, it is placed in large plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste and then disposed of in an enclosed vehicle that is leak-proof.

You can also protect small areas of asbestos that are in good condition using commercial products that fill holes and seal damage. These are sold at stores which specialize in asbestos materials and safety items. See How to Get Asbestos Out for more information about how to cover and dispose asbestos properly.