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Is asbestos legal (click for more)?

While asbestos is still banned, various legislative proposals that are incremental have been passed through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

Property owners are also responsible for asbestos-related injuries, asbestos Legal as are mining companies. The laws differ from state to state but generally property owners are required to ensure their buildings are secure and inform workers of any possible dangers.

The Law

Asbestos is a group of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health issues like lung cancer, mesothelioma and asbestosis. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even today, asbestos is still present in more than 3,000 different products. If you think your workplace or house may contain asbestos, a qualified inspector should inspect the area. A professional can help you determine what should be done should asbestos be found in your property and will work with an abatement professional if necessary.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, the victims might be able seek damages on the basis of strict liability. This type of claim eliminates the need to prove the four elements of negligence and relies instead on the fact that the product was dangerous.

An asbestos lawyer can explain strict liability, negligence, and the different types and advise you if this theory applies in your situation. Employers are also required to ensure safe working conditions for their employees, and to provide adequate training in safety. This obligation can extend to owners of buildings that are constructed with asbestos if it is known that those buildings will be used by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies who use this method are required to pay "bankruptcy funds" that pay injured victims pennies on their losses in the past. This system is criticized for the lack of transparency, and because it does not provide future compensation.

In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would create a $140 billion asbestos trust fund to replace litigation. This bill would have utilized funds held by bankruptcy trusts and insurance companies to pay compensation. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was banned because it is no longer a widely used building material. However the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that asbestos has been linked to cancer in any quantity. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue.

The first step towards prohibition came in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of most asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other purposes.

In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took a further step towards a complete ban in 2019 when it issued an official rule that enhances the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are once again trying to block the EPA's effort to ban asbestos. These groups argue that a ban would threaten the supply of chlorine in the country, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them make their case. They are also turning on lawmakers who have connections to asbestos.

This is a fight that our company has been involved in for over 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and hazardous substance in the United States. This is an important step to ensure that no other Americans will be afflicted with the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is made up of a collection of minerals that are naturally occurring and are laid out into long, thin fibres. They are known for being flexible, strong and resistant to fire and chemicals. These properties made them useful in a number of industrial products, like insulation.

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

When asbestos is disturbed, it releases harmful fibres into atmosphere. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases, such as asbestosis and mesothelioma. These diseases have a lengthy latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned about asbestos in their homes. Asbestos that is in good condition is unlikely to release any fibers until it is disturbed. Examine the material for water damage, abrasions or tears. If the material appears slightly damaged or if you intend to remodel your home and alter the material in any way, consult an asbestos abatement specialist for a second inspection.

If asbestos is in good condition, there is no reason why you should remove it from your home. If you are concerned about your health, consult with a physician. They can perform various tests to determine if you have symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility, your employer must provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection firm to examine your home. They can test and visually inspect your home.

How to Get Asbestos Out

asbestos claim removal is safe provided you take the appropriate precautions. Because of this, asbestos removal should be left to experts who are certified and licensed in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, they must adhere to all state and federal regulations. This includes covering and disposing of any waste from the project. The improper handling and disposal of asbestos can expose workers and the public to asbestos-related diseases like lung cancer and mesothelioma. To stop this from happening, strict regulations have been put in place.

Asbestos in good condition that won't be disturbed might be safe for health. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos expert prior to beginning the work. This will allow a professional to determine if the material requires abatement before commencing any work. It also helps ensure it is handled in a safe manner, packaged, labeled and shipped in accordance with the guidelines of the government.

Anyone who uses asbestos without a permit violates the law. Those who break it face heavy fines. If you suspect that improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

During the removal of asbestos, the material must be kept moist all the time to limit the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray can help in this. Once the asbestos is removed, it should be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly identified 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 repair holes and seal damages. These are sold at stores that specialize in asbestos products and safety equipment. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.