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Is Asbestos Legal? Although asbestos is still banned, several legislative proposals with incremental provisions have been floated through Congress. One of them 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. Laws vary state-to-state however, generally property owners are required to keep their buildings safe and notify workers of potential dangers. The Law Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction because it was fire resistant, chemical corrosion-resistant and insulates. However, inhaling asbestos fibers can cause serious health problems including mesothelioma, cancer of the lung and asbestosis. The symptoms may take 15 to 30 years to develop after exposure. Even in the present, asbestos is found in over 3,000 different products. A qualified inspector should check your workplace or home when you suspect it may contain asbestos. A professional can determine what you should do when asbestos is found within your home or workplace and can work with a contractor if needed. You can file a lawsuit against the manufacturer if they manufacture asbestos-containing products. It is often difficult to prove a defendant's fault. In certain instances, victims can seek compensation under a doctrine 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 intrinsically dangerous. An asbestos lawyer can explain strict liability, negligence, and the different types of liability and help you if this theory is applicable in your case. Employers are also required to offer safe working conditions for their employees and adequate education in safety. This obligation can extend to the owners of structures where asbestos is used when it is believed that those buildings will be used by employees of a third party. Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that file for bankruptcy protection must fund special “bankruptcy trusts” that pay victims of injury pennies on the dollar of their past losses. This system is often criticized for its lack of transparency, and because it does not cover future compensation. In an effort to protect the public, Congress has considered but failed to approve legislation to establish an asbestos trust fund of $140 billion fund to replace litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies for compensation. It was not supported by corporations or victim advocates. Is Asbestos Banned In The U.S. Many Americans might have believed that asbestos was banned because it's no longer a commonly used building material. The United States is one the few industrialized countries that do not prohibit asbestos, despite its proven cancer-causing properties. This is a problem that our lawyers and the rest of the international anti-asbestos campaign continue to fight every day. The first step toward the ban was in 1989 when the EPA issued a directive prohibiting the production, importation and processing of most asbestos-containing products. However, the chemical industry sued and the court overturned the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and buy it from mining operations. In 2016 Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals that require an assessment of risk. In 2019, the EPA took a major step towards an end to asbestos when it announced an order that bolstered the agency's capacity to stop asbestos-containing products from returning to the marketplace. Trade groups are trying to prevent the EPA from banning asbestos. These groups claim that a ban would threaten the supply of chlorine in the country and claim that there are alternatives that are more secure than asbestos. They have hired consultants and experts to aid them in making their case. They're also looking to legislators with ties to asbestos. appleton asbestos attorneys is a battle our firm has been involved in for over 15 years. We are proud to have stood alongside 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 are no more Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma. How to determine if you have Asbestos Asbestos is a class of naturally occurring minerals that are placed in thin, long fibers. These minerals are regarded as being flexible, strong and resistant to chemicals and fire. These qualities made them useful in a variety of industrial products including insulation. Asbestos is used in many different types of household and building 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 can also be found in ceiling tiles, shingles, insulation for furnaces, pipes, and other common building materials. When asbestos is disturbed it releases harmful fibers into the atmosphere. If inhaled, these microscopic fibers can enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These illnesses can have a long time of latency and sufferers may not be symptomatic for a period of 20 to 50 years following exposure. Many people are worried that they may have asbestos in their homes. Asbestos in good health will not release fibers until it is disturbed. Check the material for water damage, abrasions or tears. If the material is damaged or you are planning a renovation that could disturb it, you must consult with an asbestos removal specialist to conduct a further examination. If asbestos is in good shape there is no reason why you should remove it from your home. Talk to your doctor if are concerned about your health. They can order a variety of tests to see whether you are suffering from symptoms associated with asbestos exposure. The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. Additionally, state laws oblige public employees to have the same protections. If you work in a public place where you are exposed asbestos, your employer should provide details on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. They can conduct a test on your home and conduct a detailed visual examination. How to Get Asbestos Out Asbestos is a safe material to remove, provided that the appropriate precautions are taken. For this reason, asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, they must comply with all state and federal regulations. This includes covering all the waste produced by the project and disposing it. Improper handling and disposal asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict guidelines are in place to stop this from happening. Asbestos in good condition that won't be disturbed might not pose any health risks. However, it is highly recommended that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos professional before commencing the work. This will enable a professional to determine if the material needs to be removed prior to beginning any work. It will also ensure it is handled, packed, labeled and transported according to the government regulations. It is illegal to work with asbestos without a license and those who break these rules can face substantial fines. If you suspect that an improper abatement 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. During the removal of asbestos, the substance must be kept moist at all times to reduce the release of airborne fibers. Spraying the material prior to removing it with a water/detergent spray will help achieve this. Once the asbestos is removed, it needs to be placed in large plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste and disposed of in a leak-proof vehicle. Alternatively small areas of asbestos that are in good condition can be covered with commercial products designed to repair holes and seal damages. These are sold at stores which specialize in asbestos materials and safety items. See How to Get Asbestos Out for more information on how to cover and dispose asbestos in a safe manner.