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Is Asbestos Legal?

While asbestos is still banned, several incremental legislative proposals have been passed through Congress. One of them proposals, 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.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws vary from state to state however, in general, property owners are obliged to keep their properties secure and inform employees of any risks that might be present.

The Law

Asbestos is among the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibres can lead to serious health problems, including mesothelioma, cancer of the lung and asbestosis. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in more than 3,000 products. If you believe your workplace or house may contain asbestos, a certified inspector should inspect the area. A qualified professional can help you decide what steps to take should asbestos be present in your home or workplace and will collaborate with a contractor if needed.

You can bring a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant’s negligence can be difficult. In certain instances, victims can seek damages under a theory of strict liability. This type of claim doesn’t require the four elements of negligence to be proved, but instead rely on the fact that the product was inherently hazardous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of liability and tell you if this theory is applicable in your case. Employers are also required to provide safe working conditions for their employees, and to provide adequate training in safety. This requirement can be extended to owners of buildings who employ asbestos if they are aware that third-party employees will use the buildings.

Many asbestos producers avoided liability through bankruptcy protection. Companies that make this decision are required to pay “bankruptcy funds” which pay injured victim’s pennies based on their previous losses. This system has been criticized for its lack of transparency as well as the fact that it does not pay future workers’ compensation.

Congress was able to consider but failed to pass legislation that would have established the $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by victims’ advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in construction materials, and a lot of Americans might have believed the mineral was banned. However, the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue that our lawyers and the international anti-asbestos movement continue to tackle every single day.

In 1989 the year 1989, the EPA issued a regulation that prohibited the production, importation, and processing of asbestos-containing products. However, the chemical industry sued and the court reversed the majority of the ban. Asbestos is still used in some manufacturing processes, and it’s legal for companies to purchase the product from mining operations and then import it for different purposes.

In 2016 Congress updated the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took another major step towards a complete ban in 2019, when it released the final rule, which strengthens the agency’s capability to prevent asbestos-containing products from returning to the market.

However, trade organizations are trying to stop the EPA’s attempt to ban asbestos. They argue that a ban on asbestos would affect the supply of chlorine in the country and argue that there are safer options than asbestos. They have hired consultants and experts to help them build their argument. They are also reaching out to lawmakers who have ties to asbestos.

This is a fight that our company has been involved in for over 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 is able to ban this dangerous and deadly chemical 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 been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is a grouping of minerals that are naturally occurring and are arranged into long, thin fibres. These materials are known as being flexible, strong and resistant to fire and chemicals. These properties made them useful in a number of industrial products, such as insulation.

Because asbestos is so versatile, it is used in a myriad of buildings and household products. Vinyl floor tiles boiler and pipe insulation in residential and commercial building, and fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles or shingles, insulation for furnaces, pipes, and other building materials that are commonly used.

When asbestos is disturbed it releases dangerous fibres into the air. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases have a lengthy latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Asbestos that is in good condition will not release fibers until it is disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to renovate your home and alter the material in any way, consult an asbestos removal expert to conduct a more thorough inspection.

If asbestos is in good shape there is no reason to remove it from your home. Consult your physician if you are concerned about your health. They can conduct various tests to determine if there are symptoms that are related to exposure to asbestos.

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 also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with the information needed to reach a contractor who can remove asbestos. Contact an environmental company to examine your home. They will test and visually inspect your home.

How to Remove Asbestos

Asbestos is a safe material to remove, as long as the proper precautions are followed. For this reason, asbestos legal removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to eliminate asbestos materials from their home, they must abide by the federal and state regulations for how to complete the task. This includes covering up any waste generated during the process and properly disposing it. The improper handling and disposal of asbestos can expose workers and the general public to asbestos-related diseases including lung cancer and mesothelioma. To prevent this, strict regulations have been enacted.

If asbestos is in good condition and has not been disturbed, it may not pose a health threat. However, it is recommended that you have any ACM which is affected through demolition or renovations examined by an asbestos professional before starting the work. This will let the professional know whether the material requires to be sprayed prior to starting any work and will also ensure that it is properly handled, packaged and labeled, transported and disposed of according with regulations set by the government.

Anyone who uses asbestos without a permit violates the law. Those who break it face severe penalties. If you suspect that asbestos claim was not properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

To minimize the release of fibers into air, it’s important to keep the material damp throughout the removal process. Spraying the material before taking it off with a water/detergent spray will help achieve this. After the asbestos has been removed, it should be placed into thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle.

Alternatively small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These products are sold in stores that specialize in asbestos-related materials and safety equipment. See How to Get Asbestos Out for more information on how to cover and dispose asbestos in a safe manner.