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Is Asbestos Legal? Although asbestos is still banned, several incremental legislative proposals have churned through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review. In addition to mining businesses, property owners may also face liability for asbestos-related injuries. The laws differ between states, but generally, property owners are obliged to keep their properties secure and warn employees of any risks that might be present. The Law Asbestos is a group of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers it can cause serious health issues, such as lung cancer, asbestosis, and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even today, asbestos is found in more than 3000 products. If you suspect your home or workplace may contain asbestos, a qualified inspector should be able to inspect the area. A professional can tell you what to do if asbestos is present in your workplace or at home and can work with a contractor in the event of need. It is possible to start an asbestos lawsuit against the producer of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, the victims might be able to pursue damages on the basis of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence, and relies instead on the fact that the product was dangerous. An asbestos lawyer can explain strict liability, negligence and the various types of negligence and inform you if this theory is applicable in your case. The law also requires employers to provide safe working conditions and adequate safety training to employees. This obligation can extend to owners of buildings that are constructed with asbestos in the event that it is established that those buildings are used by employees of a third party. Many asbestos producers avoided liability through bankruptcy protection. The companies that do this must fund special “bankruptcy trusts” that pay victims of injury pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency and the fact that it doesn't guarantee future compensation for workers. Congress was able to consider but failed to pass, legislation that would have created a $140 billion trust fund for asbestos to be used in lieu of litigation. This legislation would have taken funds reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. The bill was not endorsed by victim advocates or corporations. Is Asbestos Banned in the U.S.? Many Americans may have thought that asbestos was banned because it is no longer a widely used building material. However it's true that the United States is one of the few industrialized countries that does not ban asbestos despite the fact that asbestos has been proven to cause cancer in any quantity. This is an issue our lawyers and the rest of the international anti-asbestos movement continue to tackle every single day. In 1989, the EPA issued a regulation that banned the importation, manufacture, and processing of asbestos-containing products. However chemical industry filed a suit and the court reversed most of the ban. Asbestos continues to be used in a variety of manufacturing processes, and it's legal for companies to purchase the product from mining operations and import it to use for other uses. In 2016 Congress updated Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos has been added the list that requires a risk assessment. The EPA took a further step towards a complete ban in 2019 when it issued a final rule that strengthens the agency's capability to prevent asbestos-containing products from resurfacing on the market. However, trade organizations continue to stop the EPA's attempt to prohibit asbestos. These groups argue that a ban would threaten the nation's supply of chlorine 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 turning to lawmakers who are connected to asbestos-related industries. This is a battle our company has been involved in for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step towards ensuring that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma. How to Tell if You Are Infected with Asbestos Asbestos is made up of a grouping of minerals that are found naturally and are organized into long, thin fibres. These minerals are regarded as being tough, flexible and resistant to fire and chemicals. These qualities made them useful in a variety of industrial products like insulation. Asbestos is used in a variety of household and building items. Some examples include floor tiles made of vinyl, insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces and pipes in schools, and many other common building materials. When asbestos is disturbed it releases harmful fibres into air. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These diseases may have a long time of latency and sufferers may not show symptoms for 20 to 50 years after exposure. Many people are worried that they might have asbestos in their homes. Asbestos in good condition is unlikely to release any fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material appears slightly damaged or if you intend to renovate your home and alter the material in any way, you must consult an asbestos abatement expert for a second inspection. If asbestos is in good condition there is no reason to eliminate it from your home. If you are concerned about your health, consult a doctor. They can order a variety of tests to determine whether you suffer from symptoms related to exposure to asbestos. Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. State laws also require that public employees also receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with details on how to contact a contractor who can remove asbestos. You should also contact an environmental inspection company to evaluate your home. greeley asbestos attorneys can conduct a test on your home and conduct a detailed visual examination. How to Get Asbestos Out Asbestos removal is secure if you follow the correct precautions. Asbestos removal should only be done by professionals 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 the federal and state regulations for how to complete the task. This includes properly covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. This is why strict regulations are in place to prevent this from happening. If asbestos is in good condition and is not affected, it will not pose a health threat. It is however recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos professional before starting the work. This will enable the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is handled, packaged, labeled, transported, and then disposed of in accordance with the regulations of the government. It is illegal to work with asbestos without a license Anyone who does not comply with these rules face large fines. If you suspect that improper abatement has occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality. To limit the release of fibers into the air, it is essential to keep the material wet during the removal process. Spraying the asbestos prior to removal with a detergent or water spray will help achieve this. After the asbestos is removed, it must be placed in heavy plastic bags or tarps that are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof vehicle. You can also protect small areas of asbestos in good condition with commercial products that fill in holes and seal any damage. These products are available at stores that specialize in asbestos-related products and safety equipment. See How to Get rid of Asbestos to learn more on how to cover and dispose asbestos safely.