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Is Asbestos Legal?Although asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, added asbestos to an EPA priority list of chemicals to be reviewed and assessed for risk.In addition to mining businesses, property owners may be held responsible for asbestos-related injuries. State laws differ however, in general, property owners must keep their buildings safe and notify workers of any dangers that could be present.The LawAsbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health issues like lung cancer, mesothelioma and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3000 products. If you believe your workplace or house may contain asbestos, a qualified inspector should be able to inspect the area. A professional can tell you what to do if asbestos is present in your home or workplace and will collaborate with a contractor if needed.You can file a lawsuit against the manufacturer if they make asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In colorado asbestos law firm , the victims may claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be established however, instead it relies on the fact that a product was a risk in itself.An asbestos lawyer can provide information on the different types of strict liability and negligence and will advise you on whether this theory applies to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training for their employees. This obligation may extend to owners of buildings that are constructed with asbestos if it is known that those buildings will be utilized by third party employees.Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of past losses. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.In an effort to safeguard the public, Congress has considered but was unable to pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. 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 construction materials, and a lot of Americans may have assumed that the mineral was prohibited. The United States is one the few industrialized countries which do not have a ban on asbestos despite its known cancer-causing properties. This is an issue our lawyers and the international anti-asbestos movement continue to work on every day.The first step toward prohibition came 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 ruled in favor of the majority of the ban. Asbestos is still used in a few manufacturing processes. It is legal for businesses to import the substance and purchase it from mining companies.In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate dangerous chemicals. Asbestos was added to the list of substances which require a risk assessment. The EPA took a further step towards a complete ban in 2019, when it announced a final rule that strengthens the agency's ability to stop asbestos-containing products from resurfacing on the market.Trade groups are once again trying to stop the EPA's plan to prohibit asbestos. These groups claim the asbestos ban would harm the nation's supply of chlorine and claim that there are better alternatives to asbestos. They have hired experts and consultants to argue their case and are now turning to lawmakers who have ties to asbestos-related industries.Our firm has been fighting this fight for more than 15 year. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA bans this dangerous and deadly chemical in the United States. This is a significant step towards ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.How to tell if you Are Infected with AsbestosAsbestos is a grouping of minerals that naturally occur and are arranged into long, thin fibers. They are known for being strong, flexible and resistant to fire and chemicals. These qualities make them ideal in a variety of industrial items, including insulation.Asbestos is used in many different types of building and household items. Vinyl floor tiles, boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are but a few examples. Asbestos is also found in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, and many other common building materials.When asbestos is disturbed, it releases dangerous fibers into the air. If inhaled, the microscopic fibers could enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases have a long latency period, and victims might not feel symptoms until 20 to 50 years after exposure.Many people are concerned about asbestos in their homes. The majority of the time, asbestos in good state will not release any fibers unless they are disturbed. Inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you intend to remodel your house and alter it in any way, it is recommended to seek out an asbestos abatement professional for a further inspection.If asbestos is in good condition, there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can perform a variety of tests to see whether you are suffering from symptoms that are related to asbestos exposure.Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from exposure to asbestos. Additionally the state laws require public employees to receive the same protections. If you work in an asbestos-containing structure the employer has to provide you with the information needed to connect with a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. They will test your home and conduct a detailed visual examination.How to Get Asbestos OutAsbestos removal is safe provided you take the right precautions. Asbestos removal should be done by experts who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must abide by state and federal regulations regarding how the work is done. This includes properly covering all the waste produced by the project and disposing it. Improper handling and disposal asbestos can put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma cancer or lung disease. To stop this from happening strict guidelines have been put in place.If asbestos is in good condition and is not damaged, it is unlikely to cause health risks. It is recommended to have any ACM that will be disturbed during renovations or demolition checked prior to when you begin your work. This will allow an expert to determine whether the material needs to be removed prior to starting any work. It will also ensure it is handled in a safe manner, packaged, labeled and transported in compliance with the government regulations.Anyone who uses asbestos without a permit is in violation of the law and those who violate it face severe fines. If you suspect improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.In the process of removing asbestos, the material should be kept wet throughout the process to prevent the release of airborne fibers. Spraying the asbestos prior getting rid of it using a detergent or water spray will aid in this. Once asbestos has been removed, it is placed in thick plastic bags or tarps that are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof car.You can also cover small areas of asbestos in good condition by using commercial products that fill holes and seal damage. These are available at stores which specialize in asbestos materials and safety items. Find out How to Get Asbestos Out for more information about how to cover and dispose asbestos in a safe manner.