10 Things People Get Wrong About The Word "Asbestos Lawyer"

Is Asbestos Legal?

While asbestos is still banned, several legislative proposals with incremental provisions have been tossed around Congress. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary from state to state, but generally property owners are obliged to keep their properties safe and inform workers of any possible dangers.

The Law

Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry because of its fire-resistant, chemical resistance and insulation properties. However, inhaling asbestos fibers can cause serious health issues like lung cancer, mesothelioma and asbestosis. Following exposure, symptoms can be noticed 15-30 years later. Even today, asbestos is found in more than 3000 products. If you are concerned that your workplace or house may contain asbestos, a qualified inspector should examine the area. A qualified professional can help you decide what to do when asbestos is found within your home or workplace and will collaborate 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 may be a challenge. In certain cases, victims may claim damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that the product was inherently hazardous.

An asbestos lawyer can provide information on the different types of strict liability and negligence and will advise you on whether this theory applies to your case. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation could extend to owners of buildings that are constructed with asbestos if it is known that those buildings will be used by third party employees.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that file for bankruptcy protection must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. This system has been criticized for its lack of transparency and the fact that it doesn't provide workers with future compensation.

Congress was able to consider but could not approve, legislation that would have established the $140 billion trust fund for asbestos instead of pursuing litigation. This bill would have tapped funds reserved 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 U.S.

Many Americans may have believed that asbestos was prohibited because it's not a typical building material. The United States is one the few industrialized countries which do not have a ban on asbestos despite its cancer-causing properties. This is an issue our lawyers and the rest of the international anti-asbestos attorney movement continue to work on each day.

The first step toward a ban came in 1989, when the EPA issued a directive prohibiting the importation, manufacturing and processing of all asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos is still utilized in certain manufacturing processes, and it's legal for companies to purchase the material from mining operations and import it to use for different purposes.

In 2016 Congress changed the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added to the list that requires an assessment of risk. The EPA took another major step toward a ban in 2019 when it published a final rule that strengthens the agency's capacity to stop asbestos-containing items from returning to the market.

However, trade organizations continue to stop the EPA's efforts to stop asbestos from being used in construction. These groups claim asbestos bans would be a threat to the supply of chlorine in the United States and argue that there are better alternatives than asbestos. They have hired experts and consultants to present their arguments and asbestos lawsuit are now looking to legislators who have ties to asbestos's industry.

Our firm has been fighting this fight for more than 15 years. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA has banned this hazardous and deadly substance in the United States. This is a crucial step to ensure that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These minerals are renowned for their flexibility, strength and resistance to chemicals and fire. These qualities made them suitable in a number of industrial products, such as insulation.

Because asbestos is so versatile, it is used in a myriad of household and industrial products. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in residential and commercial buildings, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for pipes, furnaces, as well as other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases, such as asbestosis and mesothelioma. These illnesses have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are worried that they may have asbestos in their homes. In most cases, asbestos in good condition will not release fibres unless they are disturbed. Inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning a renovation that could affect it, you should consult with an asbestos removal specialist for a more thorough inspection.

If asbestos is in good health there is no need to remove it. Consult your doctor if you are worried about your health. They can order a variety of tests to determine whether you're experiencing symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. In addition, state laws oblige public employees to have the same protections. If you work in a public building where you are exposed to asbestos, your employer should provide details on how to contact an asbestos abatement contractor. You should also call an environmental inspector to examine your home. They can test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is safe provided you take the appropriate precautions. For this reason, asbestos removal should be left to experts who are licensed and trained in the proper handling and disposal of the material. If a homeowner chooses to remove asbestos materials from their house, they must comply with state and federal regulations regarding how the work is done. This includes covering every waste product generated during the process and properly disposing it. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related diseases such as lung cancer and mesothelioma. To avoid this strict guidelines have been enacted.

If asbestos is in good condition and has not been disturbed, it should not pose a health threat. It is recommended to have any ACM that may be disturbed during renovation or demolition inspected before you start the work. This will allow the professional to determine whether the material should be sprayed prior to starting any work and will also ensure that it is handled, packaged and labeled before being transported and disposed of in accordance to the rules of the government.

Anyone who is working with asbestos without a permit is violating the law. Those who break it are liable for heavy fines. If you suspect that asbestos has not been properly removed from your property, call your local environmental quality department or the Occupational Safety and Health Administration.

In the process of removing asbestos, the material must be kept wet throughout the process to prevent the release of airborne fibers. Spraying the material before getting rid of it using a detergent or water spray can aid in this. After the asbestos has been removed, it needs to be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly labeled as asbestos waste and then disposed of in a leak-proof vehicle.

Additionally small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are sold at stores which specialize in asbestos materials and safety equipment. Check out How to Get Asbestos Out for more information about how to cover and dispose asbestos properly.