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Is Asbestos Legal? Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the 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 from state to state, however, 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 a popular choice in construction due to its fire-resistant chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibres can cause serious health issues like mesothelioma, lung cancer and asbestosis. After exposure, symptoms may develop 15-30 years after. Even in the present, asbestos can be present in over 3,000 different products. A certified inspector should examine your home or work place when you suspect it may contain asbestos. A professional can determine what steps to take should asbestos be found in your workplace or home and will work with a contractor if needed. It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence is a challenge. In some cases, the victims might be able seek damages under the theory of strict liability. waukegan asbestos attorney of claim removes the requirement to prove the four elements of negligence and relies instead on the fact that the product was intrinsically dangerous. An asbestos lawyer can provide information on the various types of strict liability and negligence and advise you on whether this theory applies to your situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This requirement can be extended to property owners who use asbestos, if they are aware employees from third parties will be using the buildings. Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that use this method are required to create “bankruptcy funds” which pay victims of injury pennies based on their losses in the past. The system is criticized for the lack of transparency, as well because it does not cover future compensation. Congress considered but did not adopt, legislation that would have created a $140 billion trust fund for asbestos in lieu of litigation. The bill would have tapped funds reserved by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it did not get the support of victim advocates and corporations. Is Asbestos Banned In The U.S. Asbestos is not as prevalent in building materials, and many Americans might have believed that the mineral was not allowed. However, the United States is one of the few industrialized countries which does not prohibit asbestos, despite the fact that asbestos is known to cause cancer in any quantity. This is a matter that our lawyers and the international anti-asbestos movement continue to work on each day. The first step toward a ban came in 1989, when the EPA issued a rule banning the importation, manufacturing and processing of the majority of asbestos-containing products. However chemical industry filed a suit and the court ruled in favor of the majority of the ban. Asbestos is still used in a few 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, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. The EPA took a further step towards a ban in 2019, when it released an official rule that enhances the agency's ability to prevent asbestos-containing products from returning to the market. However, trade organizations are attempting to block the EPA's effort to ban asbestos. These groups claim the ban on asbestos will harm the nation's supply of chlorine and argue that there are better alternatives to asbestos. They have hired experts and consultants to present their arguments and are looking to legislators who have ties to asbestos companies. This is a battle that our firm has been involved in for over 15 years. We are proud of our work with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a significant 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 You Have Asbestos Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. They are known for their flexibility, strength and resistance to chemicals and fire. These qualities made them useful in a variety of industrial products such as insulation. Because asbestos is extremely versatile, it's utilized in a variety of buildings and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are just a few examples. Asbestos can also be found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used. When asbestos is disturbed, it releases harmful fibres into atmosphere. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. These diseases can be extremely latency-prone, and victims might not experience symptoms for 20 to 50 years following exposure. Many people are concerned about asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is damaged. Homeowners should examine the material for abrasions, tears or water damage. If the material appears slightly damaged, or if you plan to renovate your home and disturb it in any way, you must consult an asbestos removal expert for a thorough examination. If asbestos is in good condition there is no need to get rid of it. If you are concerned about your health, consult a physician. They can order various tests to determine whether you suffer from symptoms relating to asbestos exposure. Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. In addition the laws of the state require public employees to be provided with the same protections. If you work in an asbestos-containing structure the employer has to provide you with information on how to contact a contractor who can remove asbestos. Contact an environmental company to evaluate your home. They can conduct a test on your home and conduct a detailed visual inspection. How to Get Asbestos Out Asbestos removal is safe provided you take the proper precautions. Asbestos removal is best performed by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to eliminate asbestos from their home, they must comply with all federal and state regulations. This includes covering every waste product generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos could expose people and workers to asbestos-related diseases including lung cancer and mesothelioma. To prevent this strict rules have been enacted. Asbestos that is in good condition and will not be disturbed may not pose any health risk. However, it is advised that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to commencing the work. This will enable a professional to determine if the material requires abatement before commencing any work. It will also make sure that it is handled wrapped, labeled, and transported in accordance with the regulations of the government. It is illegal to work on asbestos without a valid license, and those who violate these regulations face severe penalties. If you suspect that asbestos was improperly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration. To limit the release of fibers into the air, it is important to keep the material hydrated throughout the removal process. Spraying the asbestos prior taking it off with a water/detergent spray can aid in this. After the asbestos is removed, it needs to be placed in heavy plastic bags or tarps that are double-wrapped with tape. This material should be clearly marked as asbestos waste and disposed of in a leak-proof vehicle. You can also protect small areas of asbestos that are in good condition with commercial items that fill in holes and seal any damage. These are available at stores that specialize in asbestos-related materials and safety equipment. Learn How to Get rid of Asbestos to learn more about how to dispose and cover asbestos properly.