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Is Asbestos Legal? Although asbestos is still banned, several incremental legislative proposals have churned through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review. Property owners are also accountable for asbestos-related injuries, as are mining companies. State laws differ, but in general property owners are required to keep their structures safe and inform workers of any dangers that could be present. The Law Asbestos is a class of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health problems, including mesothelioma, lung cancer, and asbestosis. Symptoms can take 15 to 30 years to show up after exposure. Even today, asbestos is still found in more than 3,000 products. If you believe your workplace or house may contain asbestos, a certified inspector should check the area. A qualified professional can help you decide what to do if asbestos is present within your home or workplace and can work with a contractor in the event of need. It is possible to file an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving a defendant's negligence may be a challenge. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence and relies instead on the fact that the product was dangerous. An asbestos lawyer can explain the various types of negligence and strict liability and will be able to advise you if this theory applies to your case. The law also requires employers to provide safe working conditions and adequate safety education to employees. This requirement can be extended to owners of buildings who employ asbestos if they are aware that employees from other companies will be using those buildings. Many asbestos producers avoided liability by filing for bankruptcy protection. Businesses that do this are required to fund special “bankruptcy trusts” which pay injured victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not guarantee future compensation for workers. Congress was able to consider but did not adopt legislation that would have created a $140 billion trust fund for asbestos as a substitute for litigation. The bill would have taken money held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by corporations or victims' advocates. Is Asbestos Banned in the U.S.? Many Americans may have believed asbestos was banned since it is no longer a commonly used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its well-known cancer-causing properties. This is a matter that our lawyers and the rest of the international anti-asbestos movement continue to work on every day. The first step towards a ban came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of the majority of asbestos-containing products. However chemical companies filed a lawsuit and the court upheld most of the ban. Asbestos is still utilized in some manufacturing processes. It's legal for companies to import the substance and purchase it from mining operations. In 2016, Congress updated the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another major step towards a ban in 2019, when it announced 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. The trade groups argue that a ban would threaten the nation's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their case. They're also reaching out to legislators with ties to asbestos. This is a battle that our firm has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is an important step to ensure that no other Americans will suffer the same fate as the millions of women, men and children who have been diagnosed with mesothelioma. How to tell if have Asbestos Asbestos is a collection of minerals that occur naturally and are formed into long, fine fibres. They are known for being flexible, strong and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, like insulation. Because asbestos is extremely versatile, it's utilized in a myriad of household and industrial items. Examples include floor tiles made of vinyl 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, and numerous other building materials that are commonly used. When asbestos is disturbed, it releases dangerous fibers into the air. When inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases, such as mesothelioma and asbestosis. These lung diseases have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure. Many people are worried about asbestos in their homes. In most cases asbestos in good condition will not release fibres unless they are 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 disturb it in any way, you must consult an asbestos abatement specialist to conduct a more thorough inspection. If asbestos is in good shape, there is no need to get rid of it. If you are concerned about your health, consult with a physician. They can conduct various tests to determine if there are symptoms relating to exposure to asbestos. The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-containing building, your employer must provide you with information on how to connect with a contractor who can remove asbestos. You should also contact an environmental inspection firm to assess your home. The experts can inspect your home and conduct a detailed visual examination. How to Remove Asbestos Asbestos removal is safe if you take the appropriate precautions. This is why asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must adhere to all federal and state regulations. This includes covering and removing any waste from the project. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma cancer or lung disease. This is why strict rules are in place to prevent this from happening. If longview asbestos attorneys is in good shape and isn't affected, it will not cause health risks. However, it is recommended that you have any ACM that could be affected by demolition or renovation inspected by an asbestos professional before beginning any work. This will permit the professional to determine whether the material must be abated before starting any work. They will also ensure that it is properly handled, packaged, labeled, transported, and disposed of in compliance with government regulations. Anyone who works with asbestos without a permit is breaking the law, and those who do face severe fines. If you suspect that asbestos has not been properly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration. When removing asbestos, the material should be kept moist at all times to reduce the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray can aid in this. Once the asbestos has been removed, it must be placed in heavy plastic bags or tarps which are double-wrapped with tape. This material should be clearly labeled as asbestos waste and then disposed of in a leak-proof vehicle. In addition, small areas of asbestos that are in good condition can be covered with commercial products designed to repair holes and seal damages. These products are available at stores that specialize on asbestos materials and safety equipment. For more information about how to cover asbestos and dispose of it Learn How to Remove Asbestos.