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Is Asbestos Legal Congress has approved a variety of incremental legislations despite the fact that asbestos is still banned One of them is the Frank R Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPAs priority list of chemicals that require risk assessment and review Property owners are also accountable for asbestosrelated injuries as are mining companies The laws vary between states but generally property owners are obliged to keep their properties secure and inform employees of any risks that might be present The Law Asbestos is a class of naturally occurring minerals that were once used in the construction industry because of its fireresistant chemical resistance and insulation properties However inhaling asbestos fibres can cause serious health issues like mesothelioma cancer of the lung and asbestosis After exposure symptoms could be noticed 1530 years later Even today asbestos is found in more than 3000 products If you suspect your workplace or house may contain asbestos a qualified inspector should check the area A professional can determine what you should do when asbestos is found in your workplace or home and work with a contractor in the event of need You can bring a lawsuit against the manufacturer if they make asbestoscontaining products It is often difficult to prove the defendants guilt In certain cases victims might be able to pursue damages under the theory of strict liability This type of claim eliminates any need to prove four elements of negligence and is based on the fact that the product was inherently dangerous An asbestos lawyer can provide information on the various types of negligence and strict liability and can advise on whether this theory applies to your case The law also requires employers to provide safe working conditions and safety training for their employees This obligation can extend to owners of buildings where asbestos is utilized if it is known that those buildings will be used by employees of a third party Many asbestos manufacturers escaped liability by filing for bankruptcy protection Companies who make this decision are required to provide bankruptcy funds which pay injured victims pennies for their previous losses This system is often criticized for its lack of transparency as well because it does not provide future compensation In an effort to safeguard the public Congress has considered but failed to pass legislation to establish an asbestos trust fund of 140 billion fund to compensate victims of litigation The bill would have taken money reserved by manufacturers bankruptcy trusts and insurance companies to compensate victims However it did not get the support of victims advocates and corporations Is Asbestos Banned in the US Many Americans may have believed asbestos was banned since it is no longer a common building material chino asbestos attorney United States is one the few industrialized countries that do not ban asbestos despite its proven cancercausing properties Our lawyers and the rest the worlds antiasbestos activists continue to work day in and day out on this issue In 1989 the year 1989 EPA issued a rule that prohibits the importation production and processing of asbestoscontaining products Chemical companies filed a lawsuit and the court reversed the majority of the ban Asbestos is still utilized in some manufacturing processes Its legal for companies to import the substance and buy it from mining companies In 2016 Congress updated the Toxic Substances Control Act giving the EPA more authority to regulate dangerous chemicals Asbestos has been added to the list that requires a risk assessment In 2019 the EPA made a significant step towards a ban when it released a rule that strengthened the agencys capacity to stop asbestoscontaining products from coming back to the market Trade groups are trying to prevent the EPA from banning asbestos They argue that asbestos bans would harm the nations supply of chlorine and argue that there are safer options than asbestos They have hired experts and consultants to make their case and are looking to legislators who have ties to asbestoss industry This is a battle our firm has been involved in for over 15 years We are proud of our involvement in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the dangerous and deadly substance in the United States This is an important step in ensuring that there are no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma How to Know if You Have Asbestos Asbestos is one of the naturally occurring minerals that are placed in long thin fibers These minerals are regarded as being tough flexible and resistant to chemicals and fire These qualities make them ideal in a variety of industrial products such as insulation Asbestos can be found in a variety of household and building products Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential building and fake fireplace embers are some examples Asbestos can also be 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 atmosphere When inhaled these tiny fibers can get into the lungs and cause serious lung diseases such as asbestosis and mesothelioma These illnesses can have a long time of latency and victims may not show symptoms for a period of 20 to 50 years following exposure Many people are concerned about asbestos in their homes Most of the time asbestos in good state will not release any fibers unless disturbed Check the material for water damage abrasions or tears If the material appears to be damaged or you are planning a renovation that could disturb it you should consult with an asbestos specialist to conduct a further inspection If asbestos is in good health there is no reason to remove it See your doctor if are concerned about your health They can perform various tests to determine if you suffer from symptoms linked to exposure to asbestos 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 receive the same protection If you work in an asbestoscontaining structure your employer is required to provide you with information on how to contact a contractor who can remove asbestos Contact an environmental company to evaluate your home These professionals can test and visually inspect your home How to Remove Asbestos Asbestos is safe to remove provided that the proper precautions are taken Because of this asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the material If a homeowner decides to remove asbestos from their home he or she must adhere to all state and federal regulations This involves properly covering and removing all waste from the project Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestosrelated illnesses like mesothelioma cancer and lung disease This is why strict guidelines are in place to stop this from occurring If asbestos is in good shape and isnt disturbed it may not be a health risk It is recommended to have any ACM which will be disturbed during renovations or demolition inspected prior to begin your work This will permit the professional to determine whether the material requires to be abated before starting any work and will also ensure that it is properly handled packaged labeled transported and disposed of according to the rules of the government It is unlawful for anyone to work on asbestos without a valid license and those who break these rules can face substantial fines If you suspect that an improper abatement is taking place on your property contact the Occupational Safety and Health Administration or your local or the state department of environmental quality To minimize the release of fibers into air it is important to keep the material moist throughout the removal process This can be achieved by spraying the asbestos with a mist of water or detergent prior to taking it away After the asbestos is removed it must be placed into thick plastic bags or tarps which are doublewrapped with tape This material must be clearly marked as asbestos waste and disposed of in a leakproof vehicle Alternatively small areas of asbestos that are in good condition can be coated with commercial products designed to fill holes and seal damage These products are available in stores that specialize in asbestosrelated products and safety gear Find out How to Get Asbestos Out for more information on how to dispose and cover asbestos in a safe manner
