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Is Asbestos Legal? Congress has approved several incremental legislations despite the fact 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 priority list of chemicals for risk assessment and review. Property owners are also liable for asbestos-related injuries, as are mining companies. The laws vary between states, but generally, property owners are required to keep their premises secure and inform employees of any risks that might be present. The Law Asbestos is among the naturally occurring minerals that were once a popular choice in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is still present in more than 3,000 different products. If you believe your workplace or house may contain asbestos, a qualified inspector should examine the area. A professional can help determine what must be done when asbestos is found on your property and collaborate with an abatement contractor when needed. You can file a suit against the manufacturer when they produce asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In certain cases, victims can claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead relies on the fact that a product was inherently hazardous. An asbestos lawyer can explain the various types of strict liability and negligence and will be able to advise you if this theory applies to your particular situation. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This obligation could extend to owners of structures where asbestos is used if it is known that those buildings are utilized by employees of third parties. Many asbestos producers avoided liability by filing for bankruptcy protection. Companies who do this are required to fund “bankruptcy funds” which pay injured victim's pennies based on their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers. To protect the public, Congress has considered but failed to approve legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by corporations or victim advocates. Is Asbestos Banned In The U.S. Many Americans might have believed asbestos was banned since it's not a typical building material. However, the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos is known to cause cancer in any quantity. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to work on each day. The first step towards a ban came in 1989 when the EPA issued a rule prohibiting the production, importation and processing of all asbestos-containing products. However chemical companies filed a lawsuit and the court upheld the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations. In 2016, Congress changed the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos is now on the list of substances that require an assessment of risk. In the year 2019, EPA took a major step towards the ban when it issued a rule that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the marketplace. Trade groups are attempting to prevent the EPA from bans on asbestos. These groups argue that a ban would jeopardize the nation's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help present their arguments and are now looking to lawmakers who are connected to asbestos companies. Our firm has been fighting this fight for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the dangerous and deadly substance in the United States. This is an important step towards ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma. How to Tell if You Are Suffering from Asbestos Asbestos is a group of naturally occurring minerals that are arranged in thin, long fibers. These materials are regarded as being strong, flexible and resistant to fire and chemicals. These qualities made them useful in a range of industrial products, including insulation. Because asbestos is so versatile, it's employed in a wide range of household and industrial items. Examples include floor tiles made of vinyl, insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also present 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. Inhaling asbestos fibers can result in serious lung diseases such as asbestosis or mesothelioma. These diseases may be long-lasting and patients may not show symptoms for a period of 20 to 50 years after exposure. Many people are worried that they may have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is disturbed. Check the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you are planning to make changes to your home or alter the material in any way, you must consult an asbestos abatement specialist for a further inspection. If asbestos is in good health there is no need to get rid of it. If you are concerned about your health, consult with a physician. They can perform various tests to determine if you have symptoms linked to exposure to asbestos. Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. Additionally states' laws require public employees to receive the same protections. If you work in an asbestos-containing structure, your employer must provide you with details on how to find a contractor that can remove asbestos. You should also contact an environmental inspection company to assess your home. They can examine and test your home. How to Remove Asbestos Asbestos removal is secure if you follow the correct precautions. Asbestos removal must be done by experts who are certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their house, they must comply with the federal and state regulations for how the work is done. This includes covering up every waste product generated during the project and properly disposing of it. Improper handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases such as mesothelioma cancer and lung disease. To avoid this strict rules have been put in place. If asbestos is in good shape and has not been disturbed, it should not be a health risk. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected prior to begin your work. This will enable a professional to determine whether the material requires removal prior to commencing any work. It will also ensure that it is handled in a safe manner, packaged, labeled and transported according to the guidelines of the government. It is illegal to work with asbestos without a permit anyone who is in violation of the rules are subject to severe fines. If you suspect that asbestos has not been properly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration. To reduce gilbert asbestos law firm of fibers into the air, it is essential to keep the material hydrated during the removal process. Spraying the material before getting rid of it using a detergent or water spray can help in this. After the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps that have been double-wrapped and sealed by tape. This material should be clearly labeled as asbestos waste, and then disposed in an enclosed vehicle that is leak-proof. You can also protect small areas of asbestos that are in good condition using commercial products that seal holes and repair 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.