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Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated and reviewed.

Property owners are also accountable for asbestos-related injuries, as are mining companies. Laws vary state-to-state but generally, property owners are required to keep their buildings safe and notify workers of the potential hazards.

The Law

Asbestos is an assortment of minerals that are naturally occurring. It was previously employed in construction because it was fire-resistant, chemical corrosion-resistant and insulating. Inhaling asbestos fibers, can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3,000 products. A certified inspector should examine your workplace or home if you suspect it may contain asbestos. A professional can assist you in determining what needs to be done if this material is present in your home and will work with an abatement contractor in the event of a need.

It is possible to make an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, the victims could be able to claim damages on the basis of strict liability. This type of claim removes the requirement to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of negligence and inform you if this theory applies in your situation. The law also requires employers to provide safe working conditions and safety education to employees. This obligation could extend to the owners of structures where asbestos is used when it is determined that the buildings will be utilized by third party employees.

Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of previous losses. This system is criticized for its inconsistency of the system, and since it doesn't cover future compensation.

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

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have assumed that the mineral was not allowed. However it's true that the United States is one of the few industrialized nations that does not ban asbestos despite the fact asbestos is known to cause cancer in any quantity. This is an issue that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day.

In 1989 the year 1989, EPA issued a regulation that prohibited the manufacture, importation and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court upheld most of the ban. Asbestos continues to be used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other purposes.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk assessment. In the year 2019, EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's ability to stop asbestos-containing products from returning to the marketplace.

Trade groups are attempting to stop the EPA from banning asbestos. The trade groups argue that a ban will affect the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to present their arguments and are looking to legislators who have ties to asbestos companies.

Our company has been fighting this fight for more than 15 year. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly chemical in the United States. This is a crucial step in ensuring that other Americans will suffer the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to determine if you have asbestos

Asbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. These materials are regarded as being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.

Because asbestos is so versatile, it's employed in a wide range of household and commercial products. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, insulation for pipes, furnaces and other common building materials.

When asbestos claim is disturbed it releases dangerous fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These illnesses may be extremely latency-prone and patients may not notice symptoms for a period of 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. Asbestos in good health is not likely to release fibers until it is agitated. Inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to renovate your home and alter the material in any way, consult an asbestos removal expert for a second inspection.

If asbestos is in good condition there is no reason to remove it from your home. See your doctor if are concerned about your health. They can order a variety of tests to determine whether you're experiencing symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. 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 details on how to reach a contractor who can remove asbestos. You should also call an environmental inspector to assess your home. The experts can inspect your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos can be safely removed provided that the proper precautions are followed. As a result, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner decides to remove asbestos materials from their home, they must adhere to federal and state regulations on the manner in which they do it. This includes covering up every waste product generated during the project and properly disposing of it. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. This is why strict guidelines are in place to prevent this from happening.

Asbestos that is in good shape and won't be disturbed might not pose a health risk. It is recommended to have any ACM that may be disturbed during renovation or demolition checked prior to when you begin the work. This will enable a professional to determine whether the material needs to be removed prior to beginning any work. It will also ensure it is properly handled, packed, labeled and transported according to the guidelines of the government.

Anyone who uses asbestos without a permit is violating the law and those who violate it are subject to heavy penalties. If you suspect that improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

To limit the release of fibers into the air, it is crucial to keep the material damp throughout the removal process. Spraying the material prior to removal with a detergent or water spray can help in this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps which are double-wrapped and sealed with tape. This material should be clearly identified as asbestos waste and removed in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be covered with commercial products that are designed to repair holes and seal damages. They are available in stores that specialize in asbestos products and safety items. For more details about how to cover and dispose of asbestos read How to Remove Asbestos.