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Is Asbestos Legal? While asbestos is still banned, various legislative proposals that are incremental have been floated through Congress. One of these is the Frank R. honolulu asbestos lawsuit for the 21st Century Act included asbestos in the an EPA priority list of chemicals to be evaluated and reviewed. Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, but in general property owners must ensure that their structures safe and inform workers of the potential hazards. The Law Asbestos is one of the naturally occurring minerals that were once used in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers they can trigger serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 different products. If you are concerned that your workplace or home may contain asbestos, an experienced inspector should check the area. A professional can help determine what must be done in the event that asbestos is present within your home or workplace and work with an abatement professional in the event of a need. It is possible to bring an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove that a defendant's negligence is the cause. In some cases, victims can pursue damages based on a theory of strict liability. This type of claim is not based on the four elements of negligence to be proved however, instead it relies on the fact that a product was inherently hazardous. An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of liability and tell you if this theory is applicable in your case. The law also requires employers to provide secure working conditions and safety education to employees. This obligation may extend to owners of structures where asbestos is used when it is determined that the building are utilized by third party employees. Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so are required to fund specific “bankruptcy trusts” which pay injured victims pennies on the dollar of their 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. In an effort to protect the public, Congress has considered but failed to pass legislation that would establish a $140 billion asbestos trust fund to compensate victims of litigation. The legislation would have taken funds kept in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not receive the support of victim advocates and corporations. Is Asbestos Banned In The U.S. Many Americans might have believed that asbestos was banned due to the fact that it is not a typical 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 matter that our lawyers and the world's anti-asbestos community continue to work on every day. The first step towards prohibition came in 1989 when the EPA issued a rule prohibiting the production, importation and processing of the majority of asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it for other uses. In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk analysis. In the year 2019, the EPA took a major step towards an end to asbestos when it announced an order that bolstered the agency's capabilities to prevent asbestos-containing products from coming back to the market. Trade groups are attempting to block the EPA's effort to ban asbestos. These groups claim the ban on asbestos will be a threat to the supply of chlorine in the United States and claim that there are alternatives than asbestos. They have hired experts and consultants to help make their case and are looking to legislators who have ties to the asbestos industry. Our firm has been fighting this battle for more than 15 year. We are extremely proud to have fought 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 major step towards ensuring that nobody else Americans suffer the same fate as those millions of women, men and children who were diagnosed with mesothelioma. How to Know if You Are Infected with Asbestos Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These minerals are regarded as being flexible, strong and resistant to chemicals and fire. These properties made them useful in a variety of industrial items, including insulation. Asbestos is utilized in a variety of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, as well as fake fireplace embers are some examples. Asbestos is also found in ceiling tiles or shingles, insulation for furnaces, pipes, and other building materials commonly used. When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases, such as asbestosis or mesothelioma. These diseases can have a long time of latency, and victims may not show symptoms for up to 20 years following exposure. Many people worry that they have asbestos in their home. Asbestos in good health is unlikely to release fibers until it is agitated. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you are planning to make changes to your home or alter the material in any way, consult an asbestos abatement specialist for a thorough examination. If asbestos is in good shape, there is no reason why you should remove it from your home. If you are concerned about your health, consult with a physician. They can recommend a range of tests to see whether you're suffering from symptoms related to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building that is exposed to asbestos, your employer should provide you with information on how to contact an asbestos removal contractor. Contact an environmental company to assess your home. They will test your home and conduct a detailed visual inspection. How to Remove Asbestos Asbestos removal is safe when you take the proper precautions. Asbestos removal must be done by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering every waste product generated by the project, and then disposing of it. The improper handling and disposal of asbestos can expose people and workers to asbestos-related diseases including lung cancer and mesothelioma. To avoid this strict rules have been put in place. Asbestos in good health that is not disturbed could not pose any health risk. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition checked prior to when you start the work. This will allow an expert to determine whether the material requires abatement before commencing any work. It will also make sure that it is properly handled, packed, labeled and transported in compliance with the regulations of the government. Anyone who works with asbestos without a permit is breaking the law, and those who do face severe penalties. If you suspect that an improper abatement occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality. During the removal of asbestos, the material should be kept moist constantly to minimize the release of airborne fibers. Spraying the asbestos prior to removing it with a water/detergent spray will aid in this. Once the asbestos is removed, it is placed in large plastic bags or tarps that are double-wrapped and sealed with tape. This material should be clearly identified as asbestos waste and disposed of in an enclosed vehicle that is leak-proof. Alternatively, small areas of asbestos that are in good condition can be covered with commercial products designed to make holes or seal the damage. These products are sold in stores that specialize on asbestos-related products and safety equipment. For more information on how to properly cover and dispose of asbestos, see How to Remove Asbestos.