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Is Asbestos Legal?While asbestos is still banned, numerous legislative proposals for incremental legislation have been floated through Congress. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the 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 must ensure that their premises safe and inform workers of potential dangers.The LawAsbestos is an assortment of minerals that are naturally occurring. It was previously used in construction since it was fire-resistant as well as chemical corrosion resistant and insulating. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer, and asbestosis. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is found in more than 3,000 products. A certified inspector should examine your workplace or home if you suspect it may contain asbestos. A professional can advise you on what needs to be done should asbestos be found in your property and will work with an abatement professional if necessary.It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, the victims may seek damages under a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.An asbestos lawyer can explain the different types of strict liability and negligence and can advise on whether this theory applies to your case. Employers are also required to provide safe working conditions for their employees as well as adequate training in safety. This requirement can also apply to the owners of buildings where asbestos is used when it is determined that the building will be used by employees of a third party.Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. The companies that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their previous losses. This system is criticized for its lack of transparency, and because it does not provide future compensation.Congress looked at, but did not pass, legislation that would have created a $140 billion trust fund for asbestos as a substitute for litigation. The bill would have taken funds that were held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.Is Asbestos Banned In The U.S.Asbestos is no longer ubiquitous in building materials, and some Americans might have believed the mineral was banned. However, the United States is one of the few industrialized nations that does not ban asbestos despite the fact that asbestos has been proven to cause cancer in any amount. Our lawyers and the rest of the world's anti-asbestos campaign continue to work every day to address this issue.In 1989, the EPA issued a rule that prohibits the importation, production, and processing of asbestos-containing products. Chemical companies sued, and the court reversed the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the material and buy it from mining operations.In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took another step towards a ban in 2019, when it released a final rule that bolsters the agency's ability to prevent asbestos-containing products from resurfacing on the market.However, palmdale asbestos attorney are once again trying to stop the EPA's plan to stop asbestos from being used in construction. They argue that a ban on asbestos would harm the nation's supply of chlorine and claim that there are safer options to asbestos. They have hired experts and consultants to to make their case and are now looking to lawmakers with ties to the asbestos industry.Our firm has been fighting this battle for more than 15 year. We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA prohibits the deadly and harmful substance in the United States. This is a major step in ensuring that there are no more Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma.How to Determine if You Are Suffering from AsbestosAsbestos is an assortment of naturally occurring minerals that are arranged in thin, long fibers. These materials are known for their strength, flexibility and resistance to fire and chemicals. These qualities made them suitable in a number of industrial products, such as insulation.Asbestos is a component in a variety of household and building products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are a few examples. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as many other common building materials.When asbestos is disturbed it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung diseases, such as asbestosis or mesothelioma. These lung diseases have a long latency period, and victims may not notice symptoms until 20 to 50 years after exposure.Many people are concerned about asbestos in their home. Most of the time, asbestos in good state will not release any fibers unless they are disturbed. Examine the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a remodel that could disturb it, you must consult with an asbestos abatement specialist for further inspection.If asbestos is in good shape, there is no reason to remove it. If you are concerned about your health, consult with a physician. They can perform a variety of tests to determine whether you're experiencing symptoms related to asbestos exposure.The Occupational Safety and Health Administration requires private employers to safeguard their workers from exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer must provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental inspection firm to examine your home. These professionals can examine and test your home.How to Get Asbestos OutAsbestos can be safely removed provided that the appropriate precautions are taken. For this reason, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the material. If a homeowner decides to remove asbestos from their home, they must abide by federal and state laws regarding how the work is done. This includes properly covering any waste generated during the project and properly disposing of it. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is why strict regulations are in place to stop this from occurring.Asbestos in good condition that won't be disturbed might be safe for health. It is recommended to have any ACM which will be disturbed during renovations or demolition inspected before you begin work. This will allow a professional to determine if the material requires removal prior to beginning any work. It also helps ensure it is handled properly, packed, labeled, and shipped in accordance with the guidelines of the government.It is illegal to work with asbestos without a license anyone who is in violation of these rules face large fines. If you suspect improper abatement is taking place on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.To prevent the release of fibers into air, it is important to keep the material damp during the removal process. Spraying the asbestos prior getting rid of it using a detergent or water spray will help achieve this. After the asbestos is removed, it has to be placed in thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste and then disposed in a leak-proof car.Additionally small areas of asbestos in good condition can be covered with commercial products that are designed to fill holes and seal damage. These products are sold in stores that specialize on asbestos-related products and safety gear. See How to Remove Asbestos for more information about how to cover and dispose asbestos safely.