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Is Asbestos Legal?

Although asbestos is still banned, various legislative proposals that are incremental have been tossed around Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's priority list of chemicals to be evaluated and reviewed.

Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws vary from state to state but generally property owners are required to keep their premises secure and inform workers of any possible dangers.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction as it was fire resistant as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos is found in more than 3000 products. If you think your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can advise you on what steps to take should asbestos be present within your home or workplace and can work with a contractor should it be necessary.

It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and relies instead on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types and advise you if this theory applies to your situation. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation can be extended to property owners who employ asbestos, if they are aware third-party employees will use the buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system is often criticized for its lack of transparency, and because it does not provide future compensation.

Congress looked at but did not adopt legislation that would have established a $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is no longer ubiquitous in building materials, and some Americans might have believed asbestos was banned. However the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact that asbestos has been linked to cancer in any amount. This is a problem that our lawyers and the rest of the international anti-asbestos movement continue to work on each day.

The first step toward the ban was in 1989, when the EPA issued a directive prohibiting the production, importation, asbestos lawsuit and processing of all asbestos law-containing products. The chemical industry sued, and the court overturned the majority of the ban. Asbestos remains used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other purposes.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos has been added to the list of chemicals that require a risk assessment. In 2019, the EPA made a significant step towards an asbestos ban when it published an ordinance that strengthened the agency's capacity to stop asbestos-containing products from coming back to the marketplace.

Trade groups are once again trying to block the EPA's effort to ban asbestos. These groups argue that a ban could threaten the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are now turning to lawmakers with ties to asbestos-related industries.

This is a battle that our firm has been involved in for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly substance in the United States. This is an important move to ensure that no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are well-known for their toughness, flexibility and resistance to chemical and fire. These qualities make them ideal in a variety of industrial products, like insulation.

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

When asbestos is disturbed, it releases harmful fibres into air. When inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These lung diseases have a long period of time before they manifest, and the victims might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Asbestos that is in good condition is unlikely to release any fibers until it is damaged. Homeowners should check the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a remodel that could affect it, you should check with an asbestos abatement specialist for a more thorough examination.

If asbestos is in good shape, there is no need to get rid of it. If you are concerned about your health, you should consult with a physician. They can recommend a range of tests to see whether you're suffering from symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. In addition the state laws require public employees to receive the same protections. If you work in a public building where you are exposed to asbestos, your employer should provide information on how to contact an asbestos removal contractor. Contact an environmental inspection company to assess your home. These professionals can test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos removal is safe provided you take the right precautions. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If a homeowner chooses to remove asbestos-containing materials from their house, they must comply with federal and state regulations on how to complete the task. This includes covering and disposing of all waste resulting from the project. Incorrect handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. To prevent this strict regulations have been put in place.

Asbestos in good health that won't be disturbed might not pose any health risk. However, asbestos lawsuit it is advised that you have any ACM that could be affected through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will allow a professional to determine whether the material requires removal prior beginning any work. It will also ensure it is handled wrapped, labeled, and shipped in accordance with the guidelines of the government.

It is illegal to work in asbestos without a license anyone who is in violation of these rules face large fines. If you suspect that asbestos was not properly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the substance must be kept moist all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to taking it away. Once the asbestos has been removed, it needs to be placed into thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof car.

You can also cover small areas of asbestos that are in good condition with commercial products that seal holes and repair damage. These products are available at stores that specialize in asbestos materials and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.