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Is Asbestos Legal? Although asbestos is still banned several incremental legislative proposals have churned through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review. In addition to mining companies, property owners could be held accountable for asbestos-related injuries. The laws vary between states, however, generally, property owners are required to keep their buildings safe and inform workers of any dangers that could be present. The Law Asbestos is a group of naturally occurring minerals that were once popular in the construction industry because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can cause serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms may take 15 to 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 products. A qualified inspector should inspect your home or work place when you suspect it may contain asbestos. A professional can determine what to do should asbestos be present in your workplace or home and will work with a contractor if needed. You may file a lawsuit against the manufacturer if they produce asbestos-containing products. It isn't always easy to prove the defendant's guilt. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead rely on the fact that the product was inherently hazardous. An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the different types of liability and help you if this theory is applicable to your particular situation. The law also requires employers to provide safe working conditions and adequate safety training for employees. This obligation can be extended to building owners who employ asbestos if they are aware that third-party employees will use those buildings. Many asbestos manufacturers avoided liability by filing for bankruptcy protection. The companies that do this are required to fund specific “bankruptcy trusts” which pay injured victims pennies on the dollar of previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't cover workers' future compensation. Congress considered but could not approve legislation that would have created a $140 billion trust fund for asbestos instead of pursuing litigation. This legislation would have taken funds reserved by bankruptcy trusts, manufacturers and insurance companies to compensate victims. 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 might have assumed that the mineral was not allowed. The United States is one the few industrialized countries which do not have a ban on asbestos despite its well-known cancer-causing properties. This is a problem that our lawyers and the rest of the world's anti-asbestos movement continue to work on every day. In 1989 in 1989, the EPA issued a regulation that prohibits the importation, production and processing of asbestos-containing products. However chemical industry filed a suit and the court ruled in favor of most of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for other purposes. In 2016, Congress updated Toxic Substances Control Act, giving the EPA more authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require an assessment of risk. In the year 2019, the EPA made a significant step towards an asbestos ban when it published a rule that strengthened the agency's ability to stop asbestos-containing product from returning to the marketplace. Trade groups are attempting to prevent the EPA from banning asbestos. These groups argue that a ban could threaten the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to assist them in making their case. They're also reaching out to legislators with ties to asbestos. Our firm has been fighting this fight for more than 15 years. We are proud to have stood with 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 major step in ensuring that there is no longer a chance for Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma. How to tell if have Asbestos Asbestos is an assortment of naturally occurring minerals that are placed in thin, long fibers. These materials are well-known for their strength, flexibility and resistance to fire and chemicals. These properties made these materials useful in a variety of industrial products, including insulation. Asbestos is used in many different types of household and building items. Examples include vinyl floor tiles, insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other common building materials. When asbestos is disturbed it releases harmful fibers into the air. When inhaled, these microscopic fibers may enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure. Many people are concerned that they have asbestos in their homes. Most of the time, asbestos in good state will not release any fibers unless they are disturbed. Check the material for water damage, abrasions or tears. If the material appears slightly damaged or if you intend to make changes to your home or alter the material in any way, you should seek out an asbestos abatement professional to conduct a more thorough inspection. If asbestos is in good condition there is no need to remove it. If you are concerned about your health, you should consult a physician. They can order various tests to determine if you suffer from symptoms that are related to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to shield their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-rich building the employer has to provide you with information on how to connect with a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. They can conduct a test on your home and conduct a detailed visual inspection. How to Remove Asbestos Asbestos removal is safe provided you take the right precautions. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must adhere to all state and federal regulations. This includes properly covering all the waste produced during the process and properly disposing it. The improper handling and disposal of asbestos could expose workers and the general public to asbestos-related diseases like lung cancer, and mesothelioma. To stop this from happening strict rules have been enacted. Asbestos that is in good shape and is not disturbed could be safe for health. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition examined prior to you begin the work. This will enable a professional to determine if the material needs to be removed prior to beginning any work. It will also make sure that it is handled wrapped, labeled, and transported in accordance with the government regulations. It is illegal to work with asbestos without a permit Anyone who does not comply with these rules face large fines. If you suspect improper abatement occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality. To prevent the release of fibers into the air, it is essential to keep the material hydrated during the removal process. Spraying the material prior to removing it with a water/detergent spray will help achieve this. Once the asbestos has been removed, it should be placed in thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste and then disposed in a leak-proof car. You can also protect small areas of asbestos in good condition with commercial products that seal holes and repair damage. harlingen asbestos attorneys are available in stores that specialize in asbestos products and safety equipment. For more details about how to remove asbestos, see How to Remove Asbestos.