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Is Asbestos Legal? Although asbestos is still banned numerous legislative proposals for incremental legislation have been floated through Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA's list of priority chemicals to be evaluated and reviewed. Property owners are also accountable for asbestos-related injuries, in addition to mining companies. State laws differ but generally, property owners must keep their buildings safe and notify workers of potential dangers. The Law Asbestos is a variety of naturally occurring minerals. It was previously employed in construction because it was fireproof, chemical corrosion resistant and insulates. However, inhaling asbestos fibers can cause serious health issues, including mesothelioma, lung cancer, and asbestosis. Following exposure, symptoms can appear 15-30 years later. Even in the present, asbestos is present in more than 3,000 different products. A qualified inspector should check your workplace or home when you suspect it may contain asbestos. A professional can help you determine what should be done if this material is present in your property and will work with an abatement professional in the event of a need. You can file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence is a challenge. In certain instances, victims may pursue damages based on a 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 intrinsically dangerous. An asbestos lawyer can explain the various kinds of strict liability and negligence and will advise you on whether this theory is applicable to your particular situation. The law also requires that employers provide safe working conditions and adequate safety training to employees. This requirement can also apply to owners of structures where asbestos is used when it is determined that the buildings are used by third party employees. Many asbestos manufacturers avoided liability through bankruptcy protection. The companies that do this are required to fund specific “bankruptcy trusts” which pay victims pennies on the dollar of their past losses. This system is often criticized for the lack of transparency 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 used the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or victim advocates. Is Asbestos Banned in the U.S.? Asbestos is no longer ubiquitous in building materials, and some Americans may have assumed that the mineral was banned. The United States is one the few industrialized nations that do not ban asbestos despite its well-known cancer-causing properties. This is an issue our lawyers and the world's anti-asbestos community continue to tackle every single day. The first step towards an end to the ban came in 1989 when the EPA issued a directive prohibiting the production, importation, and processing of most asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for companies to import the material and buy it from mining companies. In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos has been added to the list of substances that require a risk assessment. In the year 2019, EPA made a significant step towards an asbestos ban when it published an ordinance that strengthened the agency's ability to stop asbestos-containing products from coming back to the market. However, trade organizations continue to block the EPA's effort to ban asbestos. They argue that a ban will affect the nation's supply of chlorine, and they argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to aid them in making their argument. They are also turning to legislators with ties to asbestos. This is a fight that our firm has been involved in for over 15 years. We are extremely proud of our role with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a huge step in ensuring that there is no longer a chance for Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma. How to Tell if You Have Asbestos Asbestos is an assortment of naturally occurring minerals that are placed in thin, long fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial products, including insulation. Asbestos is used in many different types of building and household items. Some examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles as well as insulation for furnaces and pipes in schools, and many other common building materials. When asbestos is disturbed it releases dangerous fibres into the atmosphere. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases have a long duration of incubation, and sufferers may not notice symptoms until 20 to 50 years after exposure. Many people are worried that they might have asbestos in their homes. In most cases asbestos in good condition will not release fibers unless disturbed. Inspect 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 consult with an asbestos abatement specialist for further examination. If asbestos is in good condition, there is no reason why you should remove it from your home. If you are concerned about your health, consult with a physician. They can order various tests to determine if you have symptoms related to asbestos exposure. The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. State laws also require that public employees also receive the same protection. If you are employed in a public establishment where you are exposed asbestos, your employer must provide you with information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to evaluate your home. reno asbestos attorneys will test your home and conduct a detailed visual examination. How to Get Asbestos Out Asbestos can be safely removed, provided that the appropriate precautions are followed. For this reason, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, they must follow all federal and state regulations. This includes covering all waste generated during the project and properly disposing of it. Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To stop this from happening strict rules have been enacted. Asbestos in good health that can't be disturbed may be safe for health. It is recommended to have any ACM that will be disturbed during renovation or demolition examined prior to you begin the work. This will allow an expert to determine whether the material requires removal prior beginning any work. It will also ensure it is handled wrapped, labeled, and transported in compliance with the regulations of the government. Anyone who works with asbestos without a permit violates the law, and violators face heavy penalties. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental quality. When removing asbestos, the material must be kept moist at all times to reduce the release of airborne fibers. This can be achieved by spraying the asbestos with a detergent or water mist prior to taking it away. Once the asbestos has been removed, it has to be placed in thick plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle. Alternately, small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These are sold at stores that specialize in asbestos products and safety equipment. For more details about how to remove asbestos, see How to Remove Asbestos.