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Is Asbestos Legal? Although asbestos is still banned, various legislative proposals that are incremental have been tossed around Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals that require risk assessment and review. In addition to mining companies, property owners could also face liability for asbestos-related injuries. The laws vary from state to state however, generally property owners must keep their buildings safe and notify workers of the potential hazards. The Law Asbestos is a variety of minerals that are naturally occurring. It was once used in construction because it was fireproof, chemical corrosion resistant and insulation. However, inhaling asbestos fibers can lead to serious health problems, including lung cancer, mesothelioma and asbestosis. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is still found in over 3,000 different products. A certified inspector should examine your workplace or home in the event that you suspect it could contain asbestos. A professional can advise you on what to do when asbestos is found in your workplace or at home and can work with a contractor in the event of need. You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. It isn't always easy to prove a defendant's fault. In certain instances, victims may claim damages under a theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence and is based on the fact that the product was dangerous. An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help whether this theory applies in your situation. The law also requires employers to provide secure working conditions and safety education to employees. This obligation can be extended to owners of buildings who use asbestos, if they are aware employees from third parties will be using the buildings. Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do this are required to provide “bankruptcy funds” which pay injured victims pennies for their previous losses. This system is often criticized for the inconsistency of the system, and since it doesn't cover future compensation. In a bid to protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund to replace litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. It was not supported by corporations or victim advocates. Is Asbestos Banned In The U.S. Many Americans may have believed that asbestos was banned due to the fact that it is not a typical building material. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. This is a matter that our lawyers and the rest of the world's anti-asbestos community continue to fight every day. The first step towards an end to the ban came in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for other purposes. In alaska asbestos attorneys , Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. The EPA made another significant step toward a ban in 2019, when it announced an official rule that enhances the agency's ability to prevent asbestos-containing products from returning to the market. Trade groups are attempting to prevent the EPA from prohibiting asbestos. They argue that a ban could threaten the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to help them build their argument. They are also turning to legislators with ties to asbestos. Our company has been fighting this battle for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a major step to ensure 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 Know if You Are Suffering from Asbestos Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. They are known for their strength, flexibility and resistance to chemical and fire. These properties made them useful in a number of industrial products, like insulation. Asbestos is a component in a variety of household and building items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential building, and fake fireplace embers are just a few examples. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and many other common building materials. When asbestos is disturbed, it releases harmful fibers into the atmosphere. Inhaling the fibers can trigger serious lung diseases like asbestosis or mesothelioma. These illnesses can have a long time of latency, and victims may not show symptoms for a period of 20 to 50 years after exposure. Many people are worried that they may have asbestos in their homes. The majority of the time, asbestos in good condition will not release fibers unless they are disturbed. Check the material for water damage, abrasions or tears. If the material is damaged or you are planning a renovation which could impact it, you should speak with an asbestos abatement specialist for a more thorough examination. If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can perform a variety of tests to see whether you're suffering from symptoms linked 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 work in a public facility in which you are exposed to asbestos, your employer should provide information on how to reach an asbestos abatement contractor. You should also contact an environmental inspection company to examine your home. The experts can inspect your home and conduct a detailed visual inspection. How to Get Asbestos Out Asbestos removal is safe if you follow the correct precautions. For this reason, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, he or she must adhere to all state and federal regulations. This includes properly covering and disposing of any waste from the project. Improperly handling and disposing of asbestos can expose workers and the public to asbestos-related diseases, like lung cancer and mesothelioma. To stop this from happening strict regulations have been enacted. If asbestos is in good shape and is not affected, it will not pose a health risk. However, it is recommended that you have any ACM that is likely to be affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will enable a professional to determine whether the material needs to be removed prior to beginning any work. It will also ensure it is handled properly, packed, labeled, and transported in accordance with the regulations of the government. Anyone who works with asbestos without a permit violates the law and those who violate it are subject to heavy penalties. If you suspect that asbestos has been improperly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration. To limit the release of fibers into air, it is crucial to keep the material hydrated throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray will help achieve this. After the asbestos is removed, it should be placed in heavy plastic bags or tarps that are double-wrapped and sealed with tape. This material should be clearly marked as asbestos waste and removed in a leak-proof vehicle. In addition small areas of asbestos in good condition can be coated with commercial products designed to fill holes and seal any damage. These products are available at stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.