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Is Asbestos Legal? Congress has approved several incremental legislations despite the fact that asbestos is still prohibited. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review. In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws differ from state to state, but generally property owners are required to ensure their buildings are secure and warn employees of any risks that might be present. The Law Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction because it was fireproof as well as chemical corrosion resistant and insulation. However, inhaling asbestos fibres can cause serious health issues, including lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even in the present, asbestos can be present in over 3,000 different products. If you are concerned that your workplace or house may contain asbestos, a certified inspector should examine the area. A professional can help determine what must be done when asbestos is found within your home or workplace and work with an abatement contractor if necessary. orange asbestos attorney can file a lawsuit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove the defendant's guilt. In some cases, victims can seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved, but instead rely on the fact that a product was inherently hazardous. An asbestos lawyer can explain strict liability, negligence, and the various types of liability and tell you on the possibility of applying this theory in your case. The law also requires employers to provide safe working conditions and safety education to employees. This obligation could be extended to building owners who use asbestos if they know that third-party employees will use those structures. Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that make this decision are required to create “bankruptcy funds” which pay injured victim's pennies for their previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't cover workers' future compensation. Congress looked at, but did not pass, legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. This bill would have taken money that were held 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. Many Americans may have believed asbestos was banned since it's no longer a commonly used building material. However, the United States is one of the few industrialized nations that do not have a ban on asbestos, despite the fact that asbestos is known to cause cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue. In 1989 in 1989, the EPA issued a rule that prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical companies sued and the court ruled in favor of most of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's legal for companies to purchase the material from mining operations and then import it for different purposes. In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require an assessment of risk. The EPA took another major step toward a ban in 2019, when it released a final rule that bolsters the agency's ability to stop asbestos-containing products from returning to the market. Trade groups are trying to prevent the EPA from banning asbestos. They claim that the asbestos ban would be a threat to the supply of chlorine in the United States and argue that there are better alternatives in place of asbestos. They have hired experts and consultants to help present their arguments, and they are turning to legislators who have ties to asbestos's industry. Our company has been fighting this battle for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the dangerous and deadly substance in the United States. This is a major move to ensure that there are no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma. How to Know if You Have Asbestos Asbestos is one of the naturally occurring minerals that are arranged in thin, long fibers. These minerals are regarded as being tough, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial items, including insulation. Asbestos is a component in many different types of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes, as well as other common building materials. When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases such as mesothelioma or asbestosis. These diseases may be long-lasting, and victims may not be symptomatic for 20 to 50 years following exposure. Many people are worried that they might have asbestos in their homes. In most cases asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a remodel which could impact it, you must consult with an asbestos specialist to conduct a further examination. 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, you should consult a doctor. They can order various tests to determine whether you suffer from symptoms related to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from asbestos exposure. State laws also require that public employees also receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. Contact an environmental inspection company to evaluate your home. They can test and visually inspect your home. How to Remove Asbestos Asbestos is a safe material to remove, provided the proper precautions are followed. Asbestos removal should only be performed by experts who have been trained and licensed in the proper handling of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must abide by state and federal regulations regarding how to complete the task. This includes properly covering all the waste produced during the process and properly disposing it. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related ailments like mesothelioma cancer or lung disease. To stop this from happening strict regulations have been enacted. Asbestos that is in good shape and will not be disturbed may not pose any health risks. It is recommended to have any ACM which will be disturbed during renovation or demolition examined prior to you begin your work. This will allow a professional to determine whether the material requires removal prior to beginning any work. It will also ensure it is handled, packed, labeled and transported in compliance with the government regulations. It is illegal for anyone to work with asbestos without a license Anyone who does not comply with the rules are subject to severe fines. If you suspect that improper abatement occurred on your property, contact the Occupational Safety and Health Administration or your county or the state department of environmental quality. To minimize the release of fibers into the air, it's important to keep the material hydrated throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray can help in this. After the asbestos is removed, it must be placed in thick plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle. Alternately small areas of asbestos in good condition can be covered with commercial products that are designed to make holes or seal the damage. They are available in stores which specialize in asbestos materials and safety items. Check out How to Get Asbestos Out for more information about how to dispose and cover asbestos properly.