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Is Asbestos Legal Congress has passed several incremental legislation plans despite the fact asbestos is still banned One of these the Frank R Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPAs top list of chemicals to be considered for risk assessment and review In addition to mining businesses property owners may be held responsible for asbestosrelated injuries Laws vary statetostate but generally property owners must keep their buildings safe and warn workers of any dangers that could be present The Law Asbestos is an assortment of minerals that are naturally occurring It was previously used in construction as it was fire resistant chemical corrosion resistant and insulation Inhaling asbestos fibers it can cause serious health issues including asbestosis lung cancer and mesothelioma Symptoms can take 15 to 30 years to manifest after exposure Even today asbestos is found in more than 3000 products If you think your workplace or home might contain asbestos a licensed inspector should inspect the area A professional can determine what to do should asbestos be found in your home or workplace and will work with a contractor in the event of need You can bring a lawsuit against the manufacturer if they produce asbestoscontaining products It can be difficult to prove a defendants fault In some instances the victims can claim damages under a theory of strict liability This type of claim eliminates any need to prove four elements of negligence and relies instead on the fact that the product was dangerous An asbestos lawyer can provide information on the different types of negligence and strict liability and will advise you on whether this theory is applicable to your situation Employers are also required to provide safe working conditions to their employees and provide adequate training in safety This obligation could be extended to building owners who use asbestos if they are aware thirdparty employees will use those structures Many asbestos manufacturers avoided the risk of liability by filing for bankruptcy protection Companies that do so are required to fund specific bankruptcy trusts which pay victims pennies on the dollar of previous losses This system has been criticized for its lack of transparency and the fact that it doesnt cover workers future compensation Congress considered but failed to pass legislation that would have created an 140 billion trust fund for asbestos in lieu of litigation This bill would have taken funds held 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 US Asbestos is not as prevalent in construction materials and many Americans might have assumed that the mineral was not allowed The United States is one the few industrialized nations that do not prohibit asbestos despite its proven cancercausing properties This is an issue our lawyers and the rest of the international antiasbestos movement continue to fight every day The first step toward the ban was in 1989 when the EPA issued a rule prohibiting the production importation and processing of most asbestoscontaining products The chemical industry sued and the court reversed the majority of the ban Asbestos is still being utilized in certain manufacturing processes and its still legal for companies to purchase the material from mining operations and import it for other purposes In 2016 Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals Asbestos is now on the list that requires a risk assessment The EPA took another major step toward a ban in 2019 when it announced the final rule which strengthens the agencys capability to prevent asbestoscontaining products from returning to the market However trade organizations are trying to block the EPAs effort to stop asbestos from being used in construction They claim that a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are safer options to asbestos They have hired experts and consultants to to make their case and are now looking to lawmakers who have ties to the asbestos industry Our firm has been fighting this battle for more than 15 years We are proud of our work with the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and harmful substance in the United States This is a significant move to ensure that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma How to determine if you have Asbestos Asbestos is one of the naturally occurring minerals that are arranged in long thin fibers They are known for their flexibility strength and resistance to chemicals and fire These properties made them useful in a number of industrial items including insulation Asbestos can be found in a variety of building and household items Some examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial buildings as well as fake fireplace embers Asbestos can also be found in shingles ceiling tiles as well as insulation for furnaces and pipes in schools and numerous other building materials that are commonly used When asbestos is disturbed it releases dangerous fibers into the air If inhaled the microscopic fibers could enter the lungs and cause severe lung diseases such as mesothelioma and asbestosis These illnesses may be extremely latencyprone and patients may not be symptomatic for up to 20 years following exposure Many people worry that they have asbestos in their home Asbestos in good shape will not release fibers until it is disturbed Homeowners must inspect the material for abrasions tears or water damage If the material appears to be slightly damaged or if youre planning to renovate your home and disturb it in any way you should seek out an asbestos abatement professional for a second inspection If asbestos is in good condition there is no reason not to remove it from your home If you are concerned about your health seek advice from a physician They can recommend a range of tests to determine if you are experiencing symptoms associated with asbestos exposure The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos In addition states laws require public employees to receive the same protections If you work in an asbestosrich building the employer has to provide you with information on how to find a contractor that can remove asbestos Contact an environmental inspection firm to assess your home They will examine and test your home How to Remove Asbestos Asbestos removal is secure if you take the proper precautions Because of this asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance If manteca asbestos lawyer decide to remove asbestos from their home he or she must comply with all state and federal regulations This includes properly covering and disposing of all waste from the project Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestosrelated ailments like mesothelioma cancer or lung disease This is why strict rules are in place to prevent this from happening Asbestos that is in good condition and cant be disturbed may not pose any health risk However it is highly recommended that you have any ACM that is likely to be affected through demolition or renovations examined by an asbestos professional before commencing the work This will allow the professional to determine whether the material requires to be abated before starting any work They will also ensure that it is handled packed labeled transported and then disposed of in accordance with the regulations of the government It is illegal to work with asbestos without a permit Anyone who does not comply with these rules can face substantial fines If you suspect that asbestos was improperly removed from your property you should contact your county or state environmental quality department or the Occupational Safety and Health Administration To minimize the release of fibers into air its important to keep the material wet during the removal process This can be accomplished by spraying the material with a detergent or water mist prior to taking it off Once asbestos has been removed it is stored in plastic bags or tarps that are doublewrapped and sealed with tape This material should be clearly identified as asbestos waste and then disposed of in an enclosed vehicle that is leakproof Alternatively small areas of asbestos that are in good condition can be covered with commercial products that are designed to fill holes and seal damage These products are available in stores that specialize in asbestos materials and safety equipment See How to Remove Asbestos for more details on how to dispose and cover asbestos properly