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Is Asbestos Legal? Although asbestos remains banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be evaluated and reviewed. Property owners are also responsible for asbestos-related injuries, in addition to mining companies. State laws differ, but in general property owners must keep their premises safe and inform workers of the potential hazards. The Law Asbestos is a range of minerals that are naturally occurring. It was once used in construction as it was fireproof, chemical corrosion-resistant and insulates. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer and asbestosis. The symptoms may take 15 to 30 years to show up after exposure. Even today, asbestos can be found in more than 3000 products. A qualified inspector should inspect your workplace or home if you suspect it may contain asbestos. A professional can tell you what steps to take if asbestos is present in your home or workplace and will work with a contractor should it be necessary. You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove a defendant's fault. In some cases, the victims might be able seek damages under the theory 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 is inherently dangerous. An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you on the possibility of applying this theory to your particular situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation can be extended to building owners who use asbestos if they are aware that employees from other companies will be using those buildings. Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to provide “bankruptcy funds” that pay injured victims pennies on their previous losses. The system is criticized for the lack of transparency, and because it doesn't cover future 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. This bill would have utilized funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't get the support of victims advocates and corporations. Is Asbestos Banned In The U.S. Many Americans may have thought that asbestos was banned due to the fact that it is no longer a widely used building material. irvine asbestos attorney United States is one the few industrialized nations that do not ban asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos activists continue to work day in and day out on this issue. The first step towards the ban was in 1989 when the EPA issued a rule prohibiting the production, importation, and processing of most asbestos-containing products. The chemical industry sued, and the court ruled in favor of the majority of the ban. Asbestos is still employed in a few manufacturing processes, and it's legal for companies to purchase the substance from mining operations and import it to use for other purposes. In 2016, Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos has been added to the list that requires an assessment of risk. In the year 2019, EPA took a major step towards an end to asbestos when it announced an act that strengthened the agency's abilities to prevent asbestos-containing products from returning to the market. Trade groups are once again trying to stop the EPA's efforts to prohibit asbestos. These groups argue that a ban would threaten the country's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to present their arguments and are looking to lawmakers who are connected to asbestos companies. Our company has been fighting this battle for more than 15 year. We are incredibly 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 an important move to ensure that there are no more Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma. How to tell if you have Asbestos Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These materials are regarded as being flexible, strong and resistant to fire and chemicals. These qualities made them useful in a range of industrial products like insulation. Asbestos is a component in many different types of building and household products. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used. When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These lung diseases have a long latency period, and victims may not notice symptoms until 20 to 50 years after exposure. Many people are concerned that they might have asbestos in their homes. Asbestos that is in good condition is not likely to release fibers until it is damaged. Check the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel which could impact it, you should consult with an asbestos specialist to conduct an additional inspection. If asbestos is in good health there is no reason to remove it. If you are concerned about your health, you should consult a physician. They can perform a variety of tests to see if you are experiencing symptoms linked to asbestos exposure. The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you work in a public building in which you are exposed to asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to examine your home. These professionals can test your home and conduct a thorough visual examination. How to Get Asbestos Out Asbestos can be safely removed provided that the appropriate precautions are taken. For this reason, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos materials from their home, they must abide by federal and state laws regarding how the work is carried out. This includes covering any waste generated by the project and disposing it. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related illnesses, including lung cancer and mesothelioma. To stop this from happening, strict regulations have been put in place. If asbestos is in good shape and has not been affected, it will not pose a health threat. However, it is recommended that you have any ACM that will be disturbed by renovation or demolition inspected by an asbestos expert prior to beginning any work. This will permit the professional to determine if the material needs to be removed prior to beginning any work. They will also ensure that it is properly handled, packaged and labeled before being transported and disposed of in compliance with the regulations of the government. It is illegal to work on asbestos without a valid license and those who break these regulations face severe penalties. If you suspect that improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or the state department of environmental health. To reduce the release of fibers into the air, it is essential to keep the material damp during the removal process. This can be accomplished by spraying the material with a mist of water or detergent prior to taking it off. After the asbestos is removed, it should be placed in heavy plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste, and then disposed in a leak-proof vehicle. You can also protect small areas of asbestos in good condition with commercial items that fill in holes and seal any damage. These products are sold in stores that specialize on asbestos materials and safety equipment. Learn How to Get rid of Asbestos to learn more about how to dispose and cover asbestos in a safe manner.