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Is Asbestos Legal?

Although asbestos is still banned several legislative proposals with incremental provisions have been tossed around Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws vary between states, however, in general, property owners are required to keep their premises secure and inform employees of any risks that might be present.

The Law

Asbestos is an assortment of naturally occurring minerals. It was once used in construction as it was fireproof, chemical corrosion-resistant and insulating. Inhaling asbestos fibers, however they can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even today, asbestos is still present in over 3,000 different products. If you suspect your home or workplace may contain asbestos, a certified inspector should examine the area. A professional can help determine what needs to be done if this material is present in your property and will collaborate with an abatement company if necessary.

You may file a lawsuit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove a defendant's fault. In some instances, victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be proven however, instead it relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you if this theory is applicable in your situation. The law also requires that employers provide safe working conditions and adequate safety training for their employees. This obligation can be extended to property owners who employ asbestos if they know that third-party employees will use those buildings.

Many asbestos producers avoided liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.

Congress was able to consider, but did not pass, legislation that would have created an $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed asbestos was banned since it's no longer a commonly used building material. The United States is one the few industrialized countries that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to work daily to address this issue.

In 1989 the year 1989, the EPA published a rule that prohibits the importation, production and processing of asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining companies.

In 2016 Congress changed the Toxic Substances Control Act and provided the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. In 2019, the EPA made a significant step towards the ban when it issued an act that strengthened the agency's capabilities to prevent asbestos-containing products from resurfacing on the marketplace.

Trade groups are attempting to prevent the EPA from prohibiting asbestos. They argue that a ban would jeopardize the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help them make their argument. They're also reaching out on lawmakers who have connections to asbestos.

Our company has been fighting this fight 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 huge step to ensure that there is no longer a chance for Americans suffer the same fate as millions of women, men and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products, including insulation.

Asbestos is a component in a variety of household and building items. Examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces, and other building materials commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these microscopic fibers may enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These lung diseases have a long period of time before they manifest, and the victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they might have asbestos in their home. Asbestos in good health is unlikely to release fibers until it is disturbed. Check the material for water damage, abrasions, or tears. If the material is damaged or you are planning a home remodel which could impact it, you must consult with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good condition, there is no reason why you should remove it from your home. Consult your doctor if you are concerned about your health. They can conduct various tests to determine if you have symptoms related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition states' laws require public employees to be provided with the same protections. If you work in a public place where you are exposed asbestos, your employer should provide information on how to contact an asbestos abatement contractor. You should also seek out an environmental inspection company to assess your home. These professionals can test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos removal is secure if you take the appropriate precautions. Because of this, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes covering all waste 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 diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to stop this from happening.

If asbestos is in good condition and will not be disturbed, it should not cause health risks. However, it is highly recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos expert prior to commencing the work. This will allow an expert 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 transported in compliance with the regulations of the government.

Anyone who works with asbestos without a permit is in violation of the law, and those who do face severe fines. If you suspect that asbestos was not properly removed from your property, call your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material should be kept wet throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray will aid in this. After the asbestos has been removed, it has to be placed in heavy 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 vehicle.

In addition small areas of asbestos in good condition can be covered with commercially-made products designed to make holes or seal the damage. These are available at stores that specialize in asbestos products and safety items. Check out How to Get rid of Asbestos to learn more on how to cover and dispose asbestos in a safe manner.