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Is Asbestos Legal? Congress has approved several incremental legislation proposals despite the fact that asbestos is still banned. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk. Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state, but in general property owners must keep their buildings safe and notify employees of potential dangers. The Law Asbestos is a group of naturally occurring minerals that were once used in the construction industry because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can lead to serious health issues, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can develop 15-30 years after. Even in the present, asbestos is found in more than 3,000 products. If you are concerned that your home or workplace may contain asbestos, a qualified inspector should check the area. A professional can advise you on what needs to be done in the event that asbestos is present in your home and will collaborate with an abatement contractor in the event of a need. It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In some cases, victims can claim damages under a theory of strict liability. This type of claim removes the requirement of proving the four elements of negligence, and is based on the fact that the product was dangerous. An asbestos lawyer can explain strict liability, negligence and the various types of liability and tell you if this theory applies to your particular situation. The law also requires employers to provide secure working conditions and safety training to employees. This obligation can be extended to building owners who employ asbestos if they are aware that employees from other companies will be using those buildings. Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that do this are required to provide “bankruptcy funds” which pay victims of injury pennies for their losses in the past. This system is often criticized for its inconsistency of the system, and because it does not cover future compensation. In a bid to protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund in lieu of litigation. The legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't get the support of victim advocates and corporations. Is Asbestos Banned in the U.S.? Asbestos is not as prevalent in construction materials, and a lot of Americans might have assumed that asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos, despite its proven cancer-causing properties. Our lawyers and the world's anti-asbestos movement continue to work daily to address this issue. The first step towards prohibition came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still used in some manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for other uses. In 2016 Congress amended the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In huntsville asbestos attorneys , EPA made a significant step towards an end to asbestos when it announced a rule that strengthened the agency's ability to stop asbestos-containing product from returning to the marketplace. Trade groups are attempting to prevent the EPA from bans on asbestos. They argue that asbestos bans would harm the nation's supply of chlorine and claim that there are alternatives to asbestos. They have hired experts and consultants to aid them in making 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 to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step towards ensuring that no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma. How to Tell if you have asbestos Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These properties make them useful in a variety of industrial products, including insulation. Because asbestos is so versatile, it's employed in a myriad of household and commercial items. Vinyl floor tiles boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for furnaces, pipes and other building materials that are commonly used. When asbestos is disturbed, it releases dangerous fibres into the air. When inhaled, these microscopic fibers may enter the lungs and cause severe lung diseases like asbestosis and mesothelioma. These diseases have a long period of time before they manifest, and the victims might not feel symptoms until 20 to 50 years after exposure. Many people are concerned that they might have asbestos in their homes. Asbestos that is in good condition is unlikely to release fibers until it is disturbed. Homeowners should check the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you intend to renovate your home and alter the material in any way, you must seek out an asbestos abatement professional to conduct a more thorough inspection. If asbestos is in good condition, there is no reason why you should remove it from your home. Consult your physician if you are worried about your health. They can recommend a range of tests to see whether you are suffering from symptoms linked to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. In addition states' laws require public employees to receive the same protections. If you work in an asbestos-rich building the employer has to provide you with information on how to contact a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. These professionals can test your home and conduct a thorough visual examination. How to Remove Asbestos Asbestos can be safely removed as long as the proper precautions are taken. Asbestos removal should only be done by experts who are trained and licensed in the proper handling of the material. If a homeowner decides to eliminate asbestos materials from their house, they must comply with federal and state regulations on how the work is done. This includes covering up any waste generated by the project, and then disposing of it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses such as mesothelioma and lung disease. This is why strict rules are in place to stop this from happening. Asbestos in good health that can't be disturbed may not pose a health risk. It is recommended to have any ACM that may be disturbed during renovations or demolition checked prior to when you begin your work. This will enable the professional to determine whether the material should be removed prior to beginning any work. It will also ensure that it is properly handled, packaged and labeled, transported and disposed of in compliance with regulations set by the government. Anyone who is working with asbestos without a permit is in violation of the law. Those who break it face severe penalties. If you suspect that asbestos was not properly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration. To reduce the release of fibers into the air, it's important to keep the material moist during the removal process. Spraying the asbestos prior to taking it off with a water/detergent spray can aid in this. After the asbestos is removed, it must be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle. Additionally, small areas of asbestos in good condition can be coated with commercial products designed to make holes or seal the damage. These are products can be found in stores that specialize on asbestos-related products and safety equipment. Learn How to Get Asbestos Out for more information about how to cover and dispose asbestos safely.