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Is Asbestos Legal? Congress has passed a number of incremental legislations despite the fact asbestos is still prohibited. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the an EPA priority list of chemicals to be reviewed and assessed for risk. In addition to mining companies, property owners can also face liability for asbestos-related injuries. Laws vary state-to-state however, generally property owners are required to keep their structures safe and inform workers of the potential hazards. The Law Asbestos is a range of naturally occurring minerals. It was once used in construction because it was fireproof, chemical corrosion-resistant and insulates. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, cancer of the lung and asbestosis. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos is present in over 3,000 different products. A certified inspector should examine your workplace or home when you suspect it may contain asbestos. A professional can help determine what must be done when asbestos is found on your property and work with an abatement professional in the event of a need. It is possible to make an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain cases, victims may seek compensation under a doctrine of strict liability. This type of claim eliminates the need to prove the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous. An asbestos lawyer can explain the strict liability, negligence and the various types of liability and tell you if this theory is applicable to your situation. Employers are also required to provide safe working conditions for their employees, and to provide adequate education in safety. This obligation could be extended to building owners who use asbestos if they are aware that third-party employees will use those buildings. Many asbestos manufacturers avoided liability through bankruptcy protection. Companies who make this decision are required to create “bankruptcy funds” which pay injured victims pennies on the dollars of their losses in the past. This system is often criticized for its lack of transparency, and because it does not cover future compensation. Congress looked at but did not adopt legislation that would have established a $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. The bill was not endorsed by victim advocates or corporations. Is Asbestos Banned In The U.S. Asbestos isn't as widespread in building materials, and many Americans may have assumed that the mineral was not allowed. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the world's anti-asbestos activists continue to work daily to address this issue. In 1989 the year 1989, EPA issued a rule which prohibited the manufacture, importation, and processing of asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos remains employed in a few manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for different purposes. In 2016 Congress updated the Toxic Substances Control Act and provided the EPA greater authority to regulate hazardous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took another major step towards a ban in 2019 when it issued a final rule that strengthens the agency's ability to stop asbestos-containing items from returning to the market. Trade groups are trying to prevent the EPA from banning asbestos. These groups argue that a ban will affect the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to argue their case and are now looking to lawmakers with ties to asbestos-related industries. Our firm has been fighting this battle for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly chemical 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 determine if you have Asbestos Asbestos is a group of naturally occurring minerals that are arranged in thin, long fibers. They are known for being strong, flexible and resistant to fire and chemicals. thornton asbestos attorney made them useful in a range of industrial products, including insulation. Asbestos is utilized in many different types of household and building items. Some examples include vinyl floor tiles as well as insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as many other common building materials. When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These diseases have a lengthy duration of incubation, and sufferers might not feel symptoms until 20 to 50 years after exposure. Many people are concerned that they have asbestos in their home. Asbestos that is in good condition will not release fibers until it is agitated. Homeowners should check the material for abrasions, tears or water damage. If the material is slightly damaged or you are planning a home remodel that could disturb it, you should check an asbestos abatement expert to conduct a further inspection. If asbestos is in good condition, there is no reason to remove it from your home. If you are concerned about your health, consult a doctor. They can order various tests to determine if you suffer from symptoms related to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. In addition the laws of the state oblige public employees to have the same protections. If you work in a public facility where you are exposed asbestos, your employer should provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to assess your home. These professionals can test and visually inspect your home. How to Get Asbestos Out Asbestos is safe to remove provided that the appropriate precautions are taken. This is why asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance. If a homeowner chooses to remove asbestos-containing materials from their house, they must comply with federal and state laws regarding the manner in which they do it. This includes covering and disposing of any waste from the project. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To avoid this, strict regulations have been enacted. If asbestos is in good condition and is not disturbed, it may not cause health risks. However, it is advised that you have any ACM that could be affected by demolition or renovation inspected by an asbestos professional before starting the work. This will allow a professional to determine if the material requires removal prior to commencing any work. It will also ensure that it is properly handled properly, packed, labeled, and shipped in accordance with the government regulations. It is unlawful for anyone to work with asbestos without a permit and those who break the rules are subject to severe fines. If you suspect that improper abatement is taking place on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality. In the process of removing asbestos, the material should be kept moist at all times to reduce the release of airborne fibers. This can be achieved by spraying the asbestos with a detergent or water mist prior to removing it. Once the asbestos has been removed, it must be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste and disposed in a leak-proof vehicle. Alternately, small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal damage. These products are available at stores that specialize on asbestos-related materials and safety equipment. For more details about how to remove asbestos read How to Remove Asbestos.