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Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have been tossed around Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws vary from state to state, but in general property owners must keep their premises safe and inform workers of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however it can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to develop after exposure. Even today, asbestos is found in more than 3,000 items. If you are concerned that your home or workplace may contain asbestos, a licensed inspector should inspect the area. A professional can advise you on what needs to be done if this material is present in your home and will collaborate with an abatement company in the event of a need.

It is possible to file an asbestos lawsuit against a manufacturer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain instances, victims can seek compensation under a doctrine of strict liability. This type of claim removes the requirement to prove the four elements of negligence, and relies instead on the fact that the product was dangerous.

An asbestos lawyer can explain the strict liability, negligence and the various types of negligence and inform you on the possibility of applying this theory in your situation. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This requirement can also apply to owners of buildings where asbestos is utilized in the event that it is established that the buildings are used by employees of a third party.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do this are required to fund "bankruptcy funds" which pay victims of injury pennies based on their previous losses. This system has been criticized for its lack of transparency and the fact that it does not guarantee future compensation for workers.

Congress looked at but did not adopt legislation that would have established an $140 billion trust fund for asbestos instead of pursuing 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 victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in building materials, and many Americans might have believed that the mineral was not allowed. However it's true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact asbestos has been proven to cause cancer in any quantity. Our lawyers and the world's anti-asbestos movement continue to work daily on this issue.

In 1989 in 1989, the EPA issued a rule which prohibited the production, importation and processing of asbestos-containing products. However chemical industry filed a suit and the court reversed the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for different purposes.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. The EPA took another major step towards a complete ban in 2019, when it announced an official rule that enhances the agency's ability to stop asbestos-containing items from returning to the market.

However, trade groups are attempting to stop the EPA's plan to prohibit asbestos. They claim that asbestos bans would threaten the country's chlorine supply and argue that there are alternatives in place of asbestos. They have hired consultants and experts to assist them in making their case. They're also reaching out on lawmakers who have connections to asbestos.

Our company has been fighting this battle for more than 15 year. We are proud of our involvement in the International Ban asbestos lawyer Secretariat and will continue to be involved until the EPA prohibits the deadly and harmful substance in the United States. This is a huge step to ensure that nobody else Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Determine if You Have Asbestos

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

Asbestos is utilized in many different types of household and building 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, as well as insulation for pipes, furnaces, and other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, these tiny fibers can get into the lungs and cause severe lung diseases like asbestosis and mesothelioma. These illnesses have a long latency period, and victims may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. The majority of the time, asbestos in good condition will not release fibers unless disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a remodel which could impact it, you must consult with an asbestos removal specialist to conduct an additional examination.

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

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing structure, your employer must provide you with the information needed to connect with a contractor who can remove asbestos. You should also contact an environmental inspection company to assess your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the right precautions. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must follow federal and state regulations on the manner in which they do it. This involves properly covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related ailments like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to prevent this from occurring.

If asbestos is in good condition and is not disturbed, it may not pose a health risk. However, it is advised that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will enable a professional to determine whether the material needs to be removed prior to commencing any work. It also helps ensure it is properly handled, packed, labeled and shipped in accordance with the guidelines of the government.

Anyone who is working with asbestos without a permit is violating the law and those who violate it are liable for heavy fines. If you suspect that improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your county or state department of environmental quality.

When removing asbestos, the material should be kept moist throughout the process to prevent the release of airborne fibers. This can be achieved by spraying the material with a mist of water or detergent prior to removing it. After the asbestos has been removed, it is placed in large plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly labeled as asbestos waste, and disposed in a leak-proof vehicle.

Alternately small areas of asbestos that are in good condition can be covered with commercially-made products designed to make holes or seal the damage. They are available in stores which specialize in asbestos materials and safety items. For more information on how to properly cover asbestos and dispose of it, see How to Remove Asbestos.