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Is Asbestos Legal? Although asbestos remains banned, various legislative proposals that are incremental have been floated through Congress. One of these is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review. reading asbestos law firm are also liable for asbestos-related injuries, as are mining companies. Laws vary state-to-state however, in general, property owners must keep their buildings safe and warn employees of potential dangers. The Law Asbestos is a class of naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, can cause serious health problems, including asbestosis, lung cancer and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos can be found in more than 3,000 different products. A qualified inspector should be able to inspect your workplace or home if you suspect it may contain asbestos. A professional can tell you what to do should asbestos be found within your home or workplace and work with a contractor in the event of need. It is possible to bring an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some cases, the victims might be able seek damages on the basis of strict liability. This type of claim removes any need to prove four elements of negligence and is based on the fact that the product was dangerous. An asbestos lawyer can explain the different types of strict liability and negligence and can advise on whether this theory applies to your situation. The law also requires that employers provide safe working conditions as well as adequate safety training for employees. This obligation can be extended to building owners who employ asbestos if they are aware that third-party employees will use those buildings. Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that file for bankruptcy protection have to fund special “bankruptcy trusts” which compensate victims of injuries pennies on the dollar of their previous losses. This system is often criticized for the lack of transparency, as well since it doesn't cover future compensation. In an effort to safeguard the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund to compensate victims of litigation. This legislation would have taken funds reserved by manufacturers, bankruptcy trusts, and insurance companies to compensate victims. The bill was not endorsed by victims' advocates or corporations. Is Asbestos Banned in the U.S.? Many Americans may have believed asbestos was banned since it's no longer a common building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day on this issue. The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the importation, manufacturing and processing of most asbestos-containing products. However chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the material and buy it from mining companies. In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos has been added the list of substances that require a risk assessment. The EPA took another step towards a complete ban in 2019 when it published the final rule, which strengthens the agency's ability to prevent asbestos-containing products from resurfacing on the market. Trade groups are trying to prevent the EPA from bans on asbestos. The trade groups argue that a ban would threaten the chlorine supply in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case, and they are turning to lawmakers who have ties to asbestos companies. This is a battle our firm has been involved in for more than 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA is able to ban the deadly and hazardous substance in the United States. This is a significant step 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 Know if You Are Infected with Asbestos Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. They are known for being tough, flexible and resistant to chemicals and fire. These properties make them useful in a number of industrial products, like insulation. Because asbestos is so versatile, it is used in a myriad of buildings and household products. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are some examples. Asbestos can also be found in ceiling tiles, shingles, insulation for pipes, furnaces and other building materials that are commonly used. When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a lengthy time of latency, and patients may not notice symptoms until 20 to 50 years after exposure. Many people are concerned that they may have asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning to remodel your home which could impact it, you must consult with an asbestos abatement specialist for further examination. If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, you should consult a physician. They can perform various tests to determine if you have symptoms that are related to asbestos exposure. The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. In addition the state laws oblige public employees to have the same protections. If you work in a public place where you are exposed asbestos, your employer should provide you with information on how to reach an asbestos abatement contractor. Contact an environmental inspection company to evaluate your home. They will test your home and conduct a thorough visual examination. How to Get Asbestos Out Asbestos removal is secure if you follow the correct precautions. Asbestos removal should be performed by experts who have been certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must adhere to all federal and state regulations. This includes properly covering and disposing of all waste resulting from the project. Improper handling and disposal of asbestos can put workers and general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict guidelines are in place to prevent this from occurring. If asbestos is in good condition and will not be affected, it will not be a health risk. However, it is highly recommended that you have any ACM that will be disturbed by demolition or renovation inspected by an asbestos expert prior to beginning any work. This will allow the professional to determine whether the material requires to be removed prior to commencing any work. It will also ensure that it is treated, packaged, labeled, transported, and then disposed of in accordance with government regulations. It is unlawful for anyone to work with asbestos without a permit Anyone who does not comply with the rules are subject to severe fines. If you suspect that asbestos has been improperly removed from your property, you should contact your county or state environmental quality department or the Occupational Safety and Health Administration. To prevent the release of fibers into the air, it is essential to keep the material damp throughout the removal process. This can be accomplished by spraying the asbestos with a water/detergent mist before removing it. After the asbestos has been removed, it needs to be placed in heavy plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and disposed in a leak-proof vehicle. Additionally, small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal any damage. These products are available in stores that specialize on asbestos-related products and safety equipment. Find out How to Get rid of Asbestos to learn more on how to cover and dispose of asbestos properly.