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Is Asbestos Legal?

Although asbestos is still banned, various legislative proposals that are incremental have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals to be evaluated for risk and review.

In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws differ between states, but generally, property owners are obliged to keep their properties safe and inform workers of any dangers that could be present.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was previously used in construction since it was fireproof as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. The symptoms may take 15 to 30 years to manifest after exposure. Even today, asbestos can be found in more than 3,000 items. If you are concerned that your workplace or home might contain asbestos, a certified inspector should be able to inspect the area. A qualified professional can help you decide what steps to take when asbestos is found in your home or workplace and can work with a contractor when needed.

You can file a lawsuit against the manufacturer when they produce asbestos-containing products. It is often difficult to prove the fault of a defendant. In some cases, victims can pursue damages based on a theory of strict liability. This type of claim does not require the four elements of negligence to be proven and instead relies on the fact that the product was inherently hazardous.

An asbestos lawyer can explain strict liability, negligence and the different types of liability and help whether this theory applies to your particular situation. The law also requires employers to provide secure working conditions and safety training for employees. This obligation can be extended to owners of buildings who employ asbestos when they are aware that employees from other companies will be using those buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do this are required to fund "bankruptcy funds" which pay injured victims pennies on their previous losses. The system is criticized for its lack of transparency, and since it doesn't cover future compensation.

To protect the public, Congress has considered but failed to pass legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in construction materials, and a lot of Americans might have believed that asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work daily on this issue.


frisco asbestos attorney toward prohibition came in 1989 when the EPA issued a rule banning the importation, manufacturing and processing of all asbestos-containing products. Chemical industry filed a lawsuit, and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's abilities to prevent asbestos-containing products from returning to the marketplace.

Trade groups are trying to block the EPA's effort to ban asbestos. These groups argue that a ban would jeopardize the chlorine supply in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to to make their case, and they are turning to legislators who have ties to the asbestos industry.

Our firm has been fighting this battle for more than 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is an important move to ensure that nobody else Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Tell if You Are Infected with Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being strong, flexible and resistant to chemicals and fire. These properties made them useful in a number of industrial items, including insulation.

Because asbestos is so versatile, it's used in a myriad of household and commercial items. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as asbestosis or mesothelioma. These diseases may be long-lasting and patients may not show symptoms for up to 20 years after exposure.

Many people are concerned that they have asbestos in their home. In most cases, asbestos in good condition will not release fibres unless they are disturbed. Inspect the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel that could affect it, you should check with an asbestos removal specialist for further examination.

If asbestos is in good shape, there is no reason not to remove it from your home. If you are concerned about your health, consult with a physician. They can conduct a variety of tests to see whether you're experiencing symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. 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 information on how to reach a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. The experts can inspect your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos can be safely removed, provided that the proper precautions are followed. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to federal and state regulations on how the work is done. This involves properly covering and disposing of all waste from the project. Improper handling and disposal of asbestos can put workers and general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To avoid this strict regulations have been enacted.

Asbestos that is in good shape and will not be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you begin the work. This will allow the professional to determine whether the material should be removed prior to beginning any work and will also ensure that it is handled, packed and labeled before being transported and then disposed of in accordance with the regulations of the government.

Anyone who is working with asbestos without a permit is in violation of the law. Those who break it face severe fines. If you suspect that asbestos has not been properly removed from your property, you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept wet all the time to limit the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray can help in this. After the asbestos has been removed, it is placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition using commercial products that can fill holes and seal damages. These are products can be found in stores that specialize on asbestos-related products and safety equipment. Check out How to Get Asbestos Out for more information about how to cover and dispose of asbestos in a safe manner.

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