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Is Asbestos Legal? Although asbestos is still banned several legislative proposals with incremental provisions have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's prioritization list of chemicals for risk assessment and review. In addition to mining companies, property owners can be held accountable for asbestos-related injuries. The laws vary from state to state however, in general, property owners are required to ensure their buildings are safe and inform employees of any risks that might be present. The Law Asbestos is a group of naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibres can lead to serious health problems including mesothelioma, cancer of the lung and asbestosis. The symptoms can take between 15 and 30 years to show up after exposure. Even today, asbestos is still found in over 3,000 different products. If you believe your workplace or home might contain asbestos, a licensed inspector should inspect the area. A qualified professional can help you decide what you should do should asbestos be found in your workplace or home and will work with a contractor in the event of need. It is possible to make an asbestos lawsuit against the producer of asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain instances, victims may seek damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven however, instead it relies on the fact that a product was inherently hazardous. An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you on the possibility of applying this theory in your situation. The law also requires that employers provide secure working conditions and safety training for their employees. This obligation could extend to the owners of buildings where asbestos is utilized when it is believed that the buildings will be used by third party employees. Many asbestos producers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific “bankruptcy trusts” which pay victims pennies on the dollar of past losses. This system has been criticized for its lack of transparency and the fact that it does not pay future workers' compensation. Congress was able to consider but could not approve legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. The legislation would have taken funds that were held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by victims' advocates or corporations. Is Asbestos Banned in the U.S.? Many Americans might have believed that asbestos was prohibited because it is no longer a common building material. The United States is one the few industrialized countries which do not have a ban on asbestos, despite its proven cancer-causing properties. This is a matter that our lawyers and the rest of the international anti-asbestos campaign continue to work on every day. The first step towards the ban was in 1989, when the EPA issued a rule banning the production, importation, and processing of all asbestos-containing products. However chemical industry filed a suit and the court overturned most of the ban. Asbestos is still used in certain manufacturing processes. It is legal for companies to import the substance and purchase it from mining operations. In denver asbestos attorney amended the Toxic Substances Control Act and provided the EPA more leverage 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 published the final rule, which strengthens the agency's capability to prevent asbestos-containing products from resurfacing on the market. Trade groups are once again trying to stop the EPA's plan to stop asbestos from being used in construction. These groups argue that a ban would jeopardize the nation's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired consultants and experts to help them build their case. They're also reaching out on lawmakers who have connections to asbestos. Our firm has been fighting this fight for more than 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the deadly and harmful substance in the United States. This is a significant step in ensuring that other Americans will be afflicted with the same fate as 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 placed in long, thin fibers. They are known for their strength, flexibility and resistance to fire and chemicals. These properties made these materials useful in a variety of industrial products like insulation. Asbestos is a component in many different types of building and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential building, and fake fireplace embers are but a few examples. Asbestos can also be found on ceiling tiles, shingles, insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used. When asbestos is disturbed, it releases harmful fibers into the atmosphere. Inhaling the fibers can trigger serious lung diseases, such as mesothelioma or asbestosis. These illnesses can be extremely latency-prone and patients might not experience symptoms for 20 to 50 years after exposure. Many people are concerned that they have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is damaged. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged, or if you plan to remodel your house and alter it in any way, you should consult an asbestos abatement expert for a second inspection. 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, seek advice from a physician. They can order a variety of tests to determine if there are symptoms that are related to exposure to asbestos. Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you are employed in a public establishment where you are exposed to asbestos, your employer must provide information on how to contact an asbestos removal contractor. You should also seek out an environmental inspection company to examine your home. These professionals can test and visually inspect your home. How to Remove Asbestos Asbestos removal is safe when you follow the correct precautions. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the substance. If a homeowner decides to remove asbestos materials from their home, they must abide by federal and state regulations on how to complete the task. This includes properly covering all waste generated by the project and disposing it. Unsafe handling and disposal of asbestos could expose people and workers to asbestos-related diseases like lung cancer, and mesothelioma. To avoid this strict guidelines have been put in place. If asbestos is in good condition and will not be affected, it will not pose a health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition checked prior to when you begin your work. This will permit the professional to determine if the material needs to be sprayed prior to starting any work and will also ensure that it is handled, packed, labeled, transported, and then disposed of in accordance with the regulations of the government. It is illegal for anyone to work with asbestos without a license and those who break the rules are subject to severe fines. If you suspect that asbestos was improperly removed from your property or building, contact your local environmental department or state quality department or the Occupational Safety and Health Administration. To prevent the release of fibers into the air, it is important to keep the material moist during the removal process. Spraying the material before removal with a detergent or water spray can help in this. Once asbestos has been removed, it needs to be placed in thick plastic bags or tarps double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and then disposed of in a leak-proof vehicle. Additionally, small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal any damage. These are sold at stores which specialize in asbestos materials and safety items. For more information on how to properly cover and dispose of asbestos learn about how to remove Asbestos.