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Is Asbestos Legal? Congress has passed several incremental legislation plans, despite the fact that asbestos is still prohibited. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's priority list of chemicals that require risk assessment and review. In addition to mining companies, property owners could be held accountable for asbestos-related injuries. Laws vary state-to-state but generally, property owners must ensure that their structures safe and inform workers of potential dangers. The Law Asbestos is an assortment of naturally occurring minerals. It was previously employed in construction because it was fire resistant, chemical corrosion resistant and insulating. Inhaling asbestos fibers they can cause serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even today, asbestos can be found in more than 3,000 products. If you believe your workplace or home might contain asbestos, a certified inspector should examine the area. A qualified professional can help you decide what to do should asbestos be present within your home or workplace and work with a contractor should it be necessary. You can file a suit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some instances, the victims can seek compensation under a doctrine of strict liability. This type of claim does not require the four elements of negligence to be proved however, instead it relies on the fact that a product was dangerous in its own right. An asbestos lawyer can explain the different kinds of strict liability and negligence and advise you on whether this theory is applicable to your particular situation. Employers are also required to offer safe working conditions for their employees and provide adequate education in safety. This obligation could be extended to building owners who employ asbestos, if they are aware employees from other companies will be using those structures. Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies who use this method are required to pay “bankruptcy funds” which pay injured victim's pennies based on their losses in the past. This system has been criticized due to its lack of transparency and the fact that it doesn't pay future workers' compensation. Congress considered, but did not pass, legislation that would have established an investment fund of $140 billion for asbestos as a substitute for litigation. The bill would have tapped funds kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. The bill was not endorsed by victims' advocates or corporations. Is Asbestos Banned in the U.S.? Many Americans may have thought that asbestos was banned because it's no longer a commonly used building material. However it's true that the United States is one of the few industrialized nations that doesn't ban asbestos despite the fact asbestos is known to cause cancer in any amount. This is an issue our lawyers and the rest of the world's anti-asbestos movement continue to fight every day. In 1989 in 1989, the EPA issued a regulation that prohibits the importation, production and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court overturned the majority of the ban. Asbestos continues to be employed in a few manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for other purposes. In 2016, Congress updated Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's ability to stop asbestos-containing products from coming back to the marketplace. Trade groups are attempting to stop the EPA from bans on asbestos. The trade groups argue that a ban will affect the nation's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to aid them in making their argument. They're also looking to legislators with ties to asbestos. Our firm has been fighting this battle for more than 15 years. We are proud of our participation with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and hazardous substance in the United States. This is a significant step towards 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 determine if you have asbestos Asbestos is a collection of minerals that are found naturally and are formed into long, fine fibres. These materials are regarded as being flexible, strong and resistant to chemicals and fire. These properties make them useful in a number of industrial products, such as insulation. Asbestos can be found in a variety of household and building products. rochester hills asbestos law firm and pipe insulation in commercial and residential building, and fake fireplace embers are just a few examples. Asbestos can also be found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and numerous other building materials that are commonly used. When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These illnesses have a long latency period, and victims may not be able to recognize symptoms until 20 to 50 years after exposure. Many people are concerned that they might have asbestos in their homes. The majority of the time asbestos in good state will not release any fibers unless disturbed. Inspect the material for water damage, abrasions, or tears. If the material appears to be damaged or you are planning a remodel that could cause damage to it, you should speak an asbestos abatement expert to conduct an additional examination. If asbestos is in good condition, there is no reason not to remove it from your home. Consult your physician if you are concerned about your health. They can order a variety of tests to determine whether you're experiencing symptoms that are related to asbestos exposure. The Occupational Safety and Health Administration requires private employers to safeguard their employees 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 information on how to reach an asbestos abatement contractor. Contact an environmental inspection 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 can be safely removed, provided that the appropriate precautions are followed. Asbestos removal should only be done by professionals who are trained and licensed in the proper handling of the material. If homeowners decide to remove asbestos from their home, they must comply with all federal and state regulations. This involves properly covering and removing any waste from the project. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related diseases including lung cancer and mesothelioma. To prevent this, strict regulations have been enacted. Asbestos in good condition that can't be disturbed may not pose a health risk. However, it is recommended that you have any ACM that will be disturbed through demolition or renovations examined by an asbestos expert prior to commencing the work. This will allow the professional to determine whether the material should be removed prior to beginning any work. They will also ensure that it is treated, packaged and labeled before being transported and disposed of in compliance with regulations set by the government. Anyone who uses asbestos without a permit is breaking the law, and violators are subject to heavy penalties. If you suspect that asbestos was improperly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Health Administration. To prevent the release of fibers into air, it is crucial to keep the material moist throughout the removal process. Spraying the asbestos prior removing it with a water/detergent spray will help achieve this. Once the asbestos is removed, it needs to be placed in heavy plastic bags or tarps double-wrapped and sealed by tape. This material must be clearly marked as asbestos waste, and then disposed in a leak-proof vehicle. You can also cover small areas of asbestos that are in good condition with commercial products that fill in holes and seal any damage. They are available in stores that specialize in asbestos materials and safety items. Find out How to Remove Asbestos for more information about how to cover and dispose of asbestos in a safe manner.