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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 an EPA priority list of chemicals to be reviewed and assessed for risk. Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, however, in general, property owners are required to ensure their buildings are safe and warn workers of any possible dangers. The Law Asbestos is among the naturally occurring minerals that were once used in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, lung cancer and asbestosis. The symptoms can take between 15 and 30 years to show up after exposure. Even in the present, asbestos is present in over 3,000 different products. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A professional can help you determine what needs to be done in the event that asbestos is present within your home or workplace and work with an abatement contractor in the event of a need. You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In certain instances, victims can seek damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be established, but instead relies on the fact that the product was inherently dangerous. An asbestos lawyer can explain strict liability, negligence and the different types and advise you on the possibility of applying this theory in your situation. Employers are also required to provide safe working conditions to their employees, and to provide adequate education in safety. This requirement can be extended to building owners who use asbestos if they are aware that third-party employees will use the buildings. Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. The companies that do this are required to fund specific “bankruptcy trusts” which pay injured victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency and the fact that it does not cover workers' future compensation. To protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. The bill would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. It was not supported by victim advocates or corporations. Is Asbestos Banned In The U.S. Asbestos is not as prevalent in building materials, and some Americans might have assumed that the mineral was not allowed. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos movement continue to work on every day. In 1989 the year 1989, EPA issued a rule which banned the importation, manufacture, and processing of asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still being employed in a few manufacturing processes, and it's still legal for firms to purchase the material from mining operations and import it to use for other purposes. In 2016, Congress amended the Toxic Substances Control Act and gave the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. In the year 2019, EPA took a major step towards the ban when it issued an act that strengthened the agency's abilities to prevent asbestos-containing products from coming back to the marketplace. Trade groups are attempting to stop the EPA's efforts to ban asbestos. They argue that asbestos bans would affect the supply of chlorine in the country and claim that there are better alternatives to asbestos. They have hired consultants and experts to help them make their case. They're also reaching out to lawmakers with ties to asbestos. Our company has been fighting this fight for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is a major step towards ensuring that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma. How to determine if you have asbestos Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are well-known for their strength, flexibility and resistance to chemical and fire. These properties made these materials useful in a range of industrial products such as insulation. Because cambridge asbestos law firm is so versatile, it's employed in a myriad of household and industrial products. Some examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes, and other building materials that are commonly used. When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaling the fibers can trigger serious lung diseases such as mesothelioma or asbestosis. These lung diseases have a long duration of incubation, and sufferers might not feel symptoms until 20 to 50 years after exposure. Many people worry that they have asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless disturbed. Inspect the material for water damage, abrasions, or tears. If the material appears to be slightly damaged, or if you plan to remodel your home and alter it in any way, you must seek out an asbestos abatement professional for a thorough examination. If asbestos is in good shape there is no need to eliminate it. Talk to your doctor if are worried about your health. They can order a variety of tests to determine if you suffer from symptoms that are related to asbestos exposure. 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 that is exposed to asbestos, your employer should provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection company to assess your home. These professionals can examine and test your home. How to Remove Asbestos Asbestos is safe to remove provided the proper precautions are taken. Asbestos removal is best done by experts who are trained and licensed in the proper handling of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must follow federal and state laws regarding the manner in which they do it. This includes properly covering and disposing of all waste generated by the project. Improper handling and disposal asbestos can put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. To prevent this strict regulations have been enacted. Asbestos that is in good shape and is not disturbed could not pose any health risks. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected prior to start the work. This will allow the professional to determine whether the material must be sprayed prior to starting any work. It will also ensure that it is handled, packed and labeled, transported and then disposed of in accordance with government regulations. It is illegal for anyone to work with asbestos without a permit and those who break these rules face large fines. If you suspect that improper abatement occurred on your property, you should contact 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 all the time to limit the release of airborne fibers. This can be achieved by spraying the material with a detergent or water mist prior to removing it. After the asbestos is removed, it needs to be placed in thick plastic bags or tarps that have been double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof car. Additionally, small areas of asbestos that are 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. Learn How to Remove Asbestos for more details about how to dispose and cover asbestos in a safe manner.