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Is Asbestos Legal? Congress has approved several incremental legislation plans despite the fact that asbestos is still banned. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review. Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state but generally, property owners are required to keep their premises safe and warn workers of any dangers that could be present. The Law Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers, however they can trigger serious health issues, including asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even today, asbestos is found in more than 3000 products. A qualified inspector should check your workplace or home if you suspect it may contain asbestos. A qualified professional can help you decide what you should do when asbestos is found in your workplace or at home and will collaborate with a contractor should it be necessary. You may file a lawsuit against the manufacturer if they produce asbestos-containing products. It is often difficult to prove the fault of a defendant. In some cases, victims might be able to pursue damages under the theory 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 the various types of negligence and strict liability and advise you on whether this theory is applicable to your situation. The law also requires employers to provide safe working conditions and safety training to employees. This obligation could be extended to owners of buildings who use 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 so are required to fund special “bankruptcy trusts” that pay victims of injury pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't provide workers with future compensation. In a bid to protect the public, Congress has considered but was unable to pass legislation that would have created an asbestos trust fund of $140 billion fund in lieu of litigation. This bill would have used the funds of bankruptcy trusts and insurance companies to pay compensation. The bill was not endorsed by corporations or victims' advocates. Is Asbestos Banned In The U.S. Asbestos is not as prevalent in construction materials, and a lot of Americans might have believed the mineral was banned. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. dothan asbestos law firm is a matter that our lawyers and the world's anti-asbestos movement continue to tackle every single day. In 1989 in 1989, the EPA issued a rule that prohibited the manufacture, importation and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court reversed the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining companies. In 2016 Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk analysis. The EPA took another step towards a ban in 2019 when it published an official rule that enhances the agency's capability to prevent asbestos-containing products from returning to the market. Trade groups are attempting to prevent the EPA from bans on asbestos. These groups claim that a ban could threaten the nation's supply of chlorine and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to make their case and are now turning to lawmakers who are connected to asbestos-related industries. This is a war that our firm has been involved in 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 continue to do so until the EPA is able to ban this dangerous and deadly chemical in the United States. This is an important move to ensure that no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma. How to tell if you have asbestos Asbestos is made up of a collection of minerals that are naturally occurring and are formed into long, fine fibres. They are known for their toughness, flexibility and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products such as insulation. Because asbestos is so versatile, it is used in a myriad of household and industrial products. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are just a few examples. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other common building materials. When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung conditions like mesothelioma or asbestosis. These diseases have a long time of latency, and patients might not feel symptoms until 20 to 50 years after exposure. Many people are worried that they may have asbestos in their homes. Asbestos in good health is unlikely to release fibers until it is agitated. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning a remodel that could affect it, you should speak an asbestos abatement expert for further inspection. If asbestos is in good condition there is no reason to remove it from your home. Consult your doctor if you are concerned about your health. They can perform a variety of tests to determine if you are experiencing symptoms related to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition the state laws oblige public employees to have the same protections. If you work in an asbestos-containing building your employer is required to provide you with details on how to contact a contractor who can remove asbestos. Contact an environmental company to examine your home. They can conduct a test on your home and conduct a detailed visual inspection. How to Get Asbestos Out Asbestos is safe to remove provided that the appropriate precautions are taken. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, he or she must follow all state and federal regulations. This involves properly covering and disposing of all waste resulting from the project. Improper handling and disposal asbestos can put workers and general public at risk of developing asbestos-related ailments such as mesothelioma cancer and lung disease. This is why strict regulations are in place to prevent this from occurring. Asbestos that is in good shape and won't be disturbed might not pose any health risks. However, it is recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will allow an expert to determine if the material needs to be removed prior to beginning any work. It will also ensure that it is properly handled in a safe manner, packaged, labeled and transported according to the government regulations. It is unlawful for anyone to work on asbestos without a valid license and those who break the rules are subject to severe fines. If you suspect that asbestos has not been properly removed from your property, contact your local environmental quality department or the Occupational Safety and Health Administration. To minimize the release of fibers into air, it is crucial to keep the material hydrated during the removal process. This can be achieved by spraying the material with a detergent or water mist prior to taking it away. After the asbestos is removed, it must be placed in thick plastic bags or tarps that are double-wrapped with tape. This material must be clearly identified as asbestos waste and removed in a leak-proof vehicle. Alternately small areas of asbestos that are in good condition can be covered with commercial products designed to fill holes and seal any damage. These are available at stores that specialize in asbestos products and safety equipment. For more information on how to properly cover and dispose of asbestos, see How to Remove Asbestos.