Your Family Will Thank You For Having This Asbestos Lawyer

Is Asbestos Legal?

Congress has passed several incremental legislation plans, despite the fact that asbestos is still banned. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. State laws differ but generally, property owners must ensure that their buildings safe and warn workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that once were popular in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can lead to serious health issues, including mesothelioma, cancer of the lung and asbestosis. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in over 3,000 different products. If you suspect your workplace or home may contain asbestos, an experienced inspector should be able to inspect the area. A professional can advise you on what steps to take should asbestos be found in your workplace or home and will work with a contractor in the event of need.

It is possible to start an asbestos lawsuit against a manufacturer of asbestos-containing products. However, proving the defendant's negligence can be a difficult task. In some cases, victims could be able to claim damages under the theory of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead relies on the fact that a product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types of liability and help you if this theory is applicable to your situation. Employers are also required to ensure safe working conditions for their employees and provide adequate education in safety. This obligation can be extended to property owners who use asbestos, if they are aware third-party employees will use the buildings.

Many asbestos manufacturers avoided liability through bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. This system has been criticized for its lack of transparency and the fact that it does not pay future workers' compensation.

Congress was able to consider but failed to pass, legislation that would have created an $140 billion trust fund for asbestos as a substitute for litigation. This legislation would have taken funds kept 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 U.S.?

Many Americans may have thought asbestos was banned since it is no longer a common building material. The United States is one the few industrialized countries that do not ban asbestos, despite its proven cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos movement continue to fight every day.

The first step towards a ban came in 1989, when the EPA issued a rule prohibiting the manufacturing, importation and processing of most asbestos-containing products. However chemical companies filed a lawsuit and the court ruled in favor of most of the ban. Asbestos is still being utilized in certain manufacturing processes, and it's legal for companies to purchase the substance from mining operations and then import it for other uses.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate dangerous chemicals. Asbestos was added to the list of substances that require a risk assessment. The EPA took another step towards a ban 2019, when it released the final rule, which strengthens the agency's ability to prevent asbestos-containing products from coming back onto the market.

Trade groups are trying to prevent the EPA from banning asbestos. They argue that a ban would threaten the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to help them build their case. They're also reaching out to lawmakers who have ties to asbestos legal.

Our company has been fighting this fight for more than 15 year. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the deadly and hazardous substance in the United States. This is a crucial step to ensure that no other Americans will suffer the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is made up of an assortment of minerals that naturally occur and are arranged into long, thin fibres. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These properties made these materials useful in a variety of industrial products such as insulation.

Asbestos is used in a variety of building and household products. Some examples include vinyl floor tiles, insulation for Asbestos Legal pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos is also present in shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling asbestos fibers can result in serious lung diseases like mesothelioma or asbestosis. These illnesses may be extremely latency-prone and sufferers may not be symptomatic for up to 20 years following exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos in good shape is unlikely to release any fibers until it is disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to remodel your house and alter it in any way, you must consult an asbestos removal expert for a second inspection.

If asbestos is in good shape there is no need to get rid of it. If you are concerned about your health, you should consult with a physician. They can conduct various tests to determine if you have symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from asbestos exposure. State laws also require that public employees receive the same protection. If you work in an asbestos-containing structure the employer has to provide you with the information needed to find a contractor that can remove asbestos. Contact an environmental company to assess your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, as long as the proper precautions are taken. Asbestos removal is best performed by professionals who are certified and trained in the proper handling 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 includes properly covering and disposing of all waste generated by the project. Incorrect handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. To prevent this strict rules have been enacted.

Asbestos in good health that won't be disturbed might not pose any health risks. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected before you begin work. This will permit the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is handled, packaged and labeled before being transported and then disposed of in accordance with government regulations.

Anyone who is working with asbestos without a permit is violating the law and those who violate it face heavy 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.

During the removal of asbestos, the material should be kept wet at all times to reduce the release of airborne fibers. This can be achieved by spraying the asbestos with a water/detergent mist before taking it off. After the asbestos has been removed, it must be put into plastic bags or tarps which are double-wrapped with tape. This material must be clearly marked as asbestos waste and then disposed in a leak-proof car.

Alternately, small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal damage. They are available in stores that specialize in asbestos materials and safety items. Find out How to Remove Asbestos for more details on how to dispose and cover asbestos in a safe manner.