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Is Asbestos Legal Although asbestos is still banned several incremental legislative proposals have churned through Congress One of them proposed legislations the Frank R Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPAs priority list of chemicals that require risk assessment and review In addition to mining businesses property owners may be held responsible for asbestosrelated injuries The laws vary from state to state however in general property owners are required to keep their buildings safe and warn employees of potential dangers The Law Asbestos can be described as a variety of minerals that are naturally occurring It was previously employed in construction because it was fire resistant chemical corrosionresistant and insulating However inhaling asbestos fibres can cause serious health problems including mesothelioma cancer of the lung and asbestosis Symptoms can take 15 to 30 years to manifest after exposure Even in the present asbestos can be found in more than 3000 products mission viejo asbestos attorneys certified inspector should examine your workplace or home in the event that you suspect it could contain asbestos A professional can advise you on what should be done should asbestos be found in your property and will work with an abatement professional if necessary You can file a suit against the manufacturer if they make asbestoscontaining products However proving a defendants negligence can be a difficult task In some cases victims may be able to seek damages under the theory of strict liability This type of claim removes the requirement of proving the four elements of negligence and is based on the fact that the product was intrinsically dangerous An asbestos lawyer can explain the strict liability negligence and the various types of liability and tell whether this theory applies in your case Employers are also required to offer safe working conditions for their employees and to provide adequate education in safety This obligation can be extended to property owners who employ asbestos if they are aware employees from other companies will be using those buildings Many asbestos manufacturers avoided liability by filing for bankruptcy protection Companies that do so must fund special bankruptcy trusts which pay injured victims pennies on the dollar of past losses This system is criticized for its inconsistency of the system and because it does not cover future compensation 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 This bill would have taken money that were held in reserve by manufacturers bankruptcy trusts and insurance companies to pay victims It was not supported by corporations or victims advocates Is Asbestos Banned In The US Many Americans may have believed that asbestos was banned due to the fact that it is no longer a common building material However the United States is one of the few industrialized countries that does not ban asbestos despite the fact asbestos is known to cause cancer in any quantity Our lawyers and the rest of the worlds antiasbestos campaign continue to fight every day on this issue In 1989 the year 1989 the EPA issued a rule which prohibits the importation production and processing of asbestoscontaining products However chemical companies sued and the court reversed the majority of the ban Asbestos is still utilized in some manufacturing processes It is legal for businesses to import the substance and purchase it from mining operations In 2016 Congress amended the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals Asbestos was added to the list of chemicals that require a risk evaluation In the year 2019 the EPA took a major step towards a ban when it released an ordinance that strengthened the agencys abilities to prevent asbestoscontaining products from returning to the market Trade groups are trying to block the EPA from banning asbestos They argue that a ban on asbestos would harm the nations supply of chlorine and argue that there are safer options to asbestos They have hired experts and consultants to help them make their argument Theyre also looking on lawmakers who have connections to asbestos Our company has been fighting this battle for more than 15 year We are proud of our participation with the International Ban Asbestos Secretariat and will continue to participate until the EPA is able to ban the deadly and hazardous substance in the United States This is a huge step in ensuring that no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma How to Tell if you have asbestos Asbestos is an assortment of naturally occurring minerals that are arranged in thin long fibers These minerals are renowned for their durability flexibility and resistance to chemicals and fire These properties made these materials useful in a variety of industrial products such as insulation Asbestos can be found in many different types of household and building products Vinyl floor tiles boiler and pipe insulation in residential and commercial construction and fake fireplace embers are a few examples Asbestos is also found in ceiling tiles or shingles insulation for pipes furnaces and other building materials commonly used When asbestos is disturbed it releases dangerous fibers into the air Inhaling these microscopic fibers can enter the lungs and cause serious lung diseases like mesothelioma and asbestosis These illnesses can have a long latency time and sufferers might not experience symptoms for up to 20 years following exposure Many people are concerned that they may have asbestos in their homes Asbestos that is in good condition will not release fibers until it is disturbed Homeowners should inspect the material for tears abrasions or water damage If the material is slightly damaged or you are planning a remodel that could affect it you should check with an asbestos removal specialist for a more thorough examination If asbestos is in good condition there is no reason to remove it from your home Talk to your doctor if are concerned about your health They can perform various tests to determine if you suffer from symptoms linked to asbestos exposure The Occupational Safety and Health Administration requires private companies to protect their employees from exposure to asbestos State laws also require that public employees also receive the same protection If you are employed in an asbestoscontaining facility your employer must provide you with information on how to find a contractor that can remove asbestos Contact an environmental inspection company to examine your home They will test your home and conduct a detailed visual inspection How to Remove Asbestos Asbestos removal is safe provided you take the appropriate precautions This is why asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the substance If homeowner decides to take away asbestos from their home he or she must follow all state and federal regulations This includes properly covering and disposing of all waste from the project Improper handling and disposal asbestos could put workers and the general public at risk of developing asbestosrelated diseases like mesothelioma cancer and lung disease To stop this from happening strict guidelines have been enacted Asbestos in good health that cant be disturbed may not pose a health risk However it is highly recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to beginning the work This will allow a professional to determine if the material requires abatement before beginning any work It also helps ensure it is properly handled properly packed labeled and shipped in accordance with the regulations of the government Anyone who is working with asbestos without a permit is breaking the law and violators face heavy fines If you suspect that asbestos was improperly removed from your property you should contact your local environmental department or state quality department or the Occupational Safety and Health Administration When removing asbestos the material should be kept wet all the time to limit the release of airborne fibers This can be accomplished by spraying the material with a mist of detergent and water prior to removing it After the asbestos is removed it should be placed in heavy plastic bags or tarps that have been doublewrapped and sealed with tape This material must be clearly marked as asbestos waste and then disposed of in an enclosed vehicle that is leakproof Alternately small areas of asbestos that are in good condition can be coated with commercial products designed to repair holes and seal damages These products are sold in stores that specialize on asbestosrelated materials and safety equipment For more information about how to cover asbestos and dispose of it see How to Remove Asbestos