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Is Asbestos Legal? While asbestos is still banned, several legislative proposals with incremental provisions have churned through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review. In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws vary from state to state but generally, property owners must keep their buildings safe and notify workers of any dangers that could be present. The Law Asbestos is a range of minerals that are naturally occurring. It was previously used in construction as it was fire resistant, chemical corrosion-resistant and insulation. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, lung cancer and asbestosis. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is still present in over 3,000 different products. A certified inspector should examine your home or work place if you suspect that it might contain asbestos. A professional can advise you on what needs to be done should asbestos be found in your home and will collaborate with an abatement contractor should it be necessary. It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence can be difficult. In certain cases, victims might be able to pursue damages under the theory of strict liability. This type of claim doesn't require the four elements of negligence to be proved however, instead it relies on the fact that the product was dangerous in its own right. An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform you if this theory is applicable to your situation. The law also requires that employers provide safe working conditions as well as adequate safety training to employees. This obligation can be extended to owners of buildings who use asbestos when they are aware that employees from other companies will be using those buildings. Many asbestos manufacturers escaped liability through bankruptcy protection. Companies who use this method are required to pay “bankruptcy funds” which pay victims of injury pennies on the dollars of their losses in the past. This system has been criticized for its lack of transparency and the fact that it doesn't provide workers with future compensation. Congress looked at but failed to pass, legislation that would have created an investment fund of $140 billion for asbestos as a substitute for litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies for 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 is no longer a widely used building material. However it is true that the United States is one of the few industrialized nations which does not prohibit asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos movement continue to work daily on this issue. The first step towards prohibition came in 1989 when the EPA issued a rule banning the production, importation and processing of most asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos remains used in a variety of manufacturing processes, and it's still 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 greater authority to regulate dangerous chemicals. Asbestos has been added to the list of chemicals that require a risk assessment. The EPA took another step toward a ban in 2019, when it released an official rule that enhances the agency's ability to stop asbestos-containing products from returning to the market. However, trade groups are trying to stop the EPA's plan to ban asbestos. They argue that a ban could threaten 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 have ties to asbestos's industry. Our company has been fighting this fight for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly substance in the United States. This is a huge 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 tell if you have Asbestos Asbestos is a grouping of minerals that are naturally occurring and are arranged into long, thin fibres. These materials are regarded as being tough, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products including insulation. Asbestos is utilized in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are just a few examples. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used. When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These illnesses may be extremely latency-prone, and victims may not show symptoms for up to 20 years following exposure. Many people are concerned that they may have asbestos in their homes. Most of the time asbestos in good state will not release any fibers unless they are disturbed. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you intend to renovate your home and alter the material in any way, seek out an asbestos abatement professional to conduct a more thorough inspection. If asbestos is in good shape there is no need to remove it. Consult your doctor if you are concerned about your health. They can conduct various tests to determine whether you suffer from 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, state laws oblige public employees to have the same protections. If you work in a public facility where you are exposed to asbestos, your employer must provide details on how to reach an asbestos abatement contractor. Contact an environmental company to examine your home. lynwood asbestos law firm will test your home and conduct a thorough visual examination. How to Remove Asbestos Asbestos is safe to remove provided the proper precautions are followed. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, he or she must follow all federal and state regulations. This includes covering and removing all waste resulting from the project. Improperly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases such as lung cancer and mesothelioma. To stop this from happening strict guidelines have been put in place. If asbestos is in good shape and isn't disturbed, it may not pose a health risk. It is however recommended that you have any ACM which is affected by renovation or demolition inspected by an asbestos professional before commencing the work. This will let the professional know if the material needs to be sprayed prior to starting any work and will also ensure that it is handled, packed in a way that is labeled, transported and then disposed of in accordance with government regulations. Anyone who works with asbestos without a permit is violating the law, and violators face heavy penalties. If you suspect that improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your county or state department of environmental quality. To limit the release of fibers into the air, it is crucial to keep the material hydrated throughout the removal process. Spraying the material before getting rid of it using a detergent or water spray will help achieve this. After the asbestos is removed, it must be placed in thick plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and then disposed in a leak-proof car. In addition small areas of asbestos in good condition can be covered with commercially-made products designed to repair holes and seal damages. These products are sold in stores that specialize on asbestos materials and safety equipment. Learn How to Remove Asbestos for more information on how to dispose and cover asbestos safely.