Your Family Will Be Thankful For Getting This Asbestos Lawyer

Is Asbestos Legal?

While asbestos is still banned, numerous legislative proposals for incremental legislation have been tossed around Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the an EPA priority list of chemicals to be evaluated for risk and review.

In addition to mining companies, property owners could be held accountable for asbestos-related injuries. Laws vary by state however, in general, property owners must keep their buildings safe and warn workers of potential dangers.

The Law

Asbestos is among the naturally occurring minerals that once were popular in the construction industry due to its fire-resistant, chemical corrosion-resistant and insulate properties. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, symptoms could be noticed 15-30 years later. Even today, asbestos is found in more than 3,000 products. If you believe your workplace or house may contain asbestos, a licensed inspector should inspect the area. A professional can tell you what you should do should asbestos be present in your home or workplace and will collaborate with a contractor should it be necessary.

You may file a lawsuit against the manufacturer when they produce asbestos-containing products. However, asbestos legal proving the defendant's negligence can be a difficult task. In certain cases, victims might be able to pursue damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proved and instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of liability and tell whether this theory applies to your particular situation. The law also requires that employers provide secure working conditions and safety training to employees. This obligation could extend to owners of structures where asbestos is used in the event that it is established that the buildings will be utilized by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Businesses that do this are required to fund specific "bankruptcy trusts" that pay victims of injury pennies on the dollar of their past losses. The system is criticized for its lack of transparency and because it does not cover future compensation.

To protect the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund to replace litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies to provide compensation. It was not supported by victim advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer ubiquitous in building materials, and some Americans might have believed asbestos was banned. The United States is one the few industrialized nations which do not have a ban on asbestos despite its well-known cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work every day on this issue.

In 1989, the EPA issued a regulation that prohibited the production, importation and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court reversed most of the ban. Asbestos remains used in a variety of manufacturing processes, and it's legal for Asbestos legal companies to purchase the substance from mining operations and import it for different purposes.

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

However, trade organizations are once again trying to stop the EPA's plan to prohibit asbestos. They argue that a ban would threaten the chlorine supply in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help make their case and are looking to lawmakers with ties to asbestos's industry.

This is a battle that our firm has been involved in for more than 15 years. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA is able to ban this dangerous and deadly substance in the United States. This is an important step to ensure that no other Americans will be afflicted with the same fate as the millions of men, women and children who have already been diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. They are known for being strong, flexible and resistant to fire and chemicals. These properties make them useful in a variety of industrial products, like insulation.

Because asbestos is so versatile, it's used in a wide range of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are but a few examples. Asbestos can also be found in ceiling tiles, shingles, insulation for furnaces, pipes as well as other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling these fibers can lead to serious lung diseases, such as mesothelioma or asbestosis. These diseases can be extremely latency-prone and sufferers may not notice symptoms for a period of 20 to 50 years following exposure.

Many people are worried that they might have asbestos in their homes. In most cases, asbestos in good state will not release any fibers unless they are disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears to be slightly damaged or if you are planning to make changes to your home or alter it in any way, you must consult an asbestos abatement specialist for a further inspection.

If asbestos is in good shape, there is no reason to remove it. Talk to your doctor if are worried about your health. They can conduct a variety of tests to determine whether you're suffering from symptoms that are related to asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to safeguard their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in an asbestos-containing facility your employer is required to provide you with information on how to contact a contractor who can remove asbestos. You should also seek out an environmental inspection company to examine your home. These professionals can test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos can be safely removed provided the proper precautions are taken. Asbestos removal should be done by professionals who are trained and licensed in the proper handling of the substance. If a homeowner chooses to remove asbestos from their home, they must adhere to federal and state regulations on how the work is carried out. This includes covering every waste product generated by the project and disposing it. Incorrectly handling and disposing of asbestos can expose workers and the general public to asbestos-related diseases, like lung cancer and mesothelioma. To stop this from happening strict regulations have been enacted.

Asbestos in good condition that won't be disturbed might not pose any health risks. However, it is recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before beginning the work. This will allow the professional to determine if the material needs to be sprayed prior to starting any work and will also ensure that it is handled, packaged and labeled before being transported and disposed of according to the rules of the government.

It is unlawful for anyone to work with asbestos without a permit and those who break the rules are subject to severe fines. If you suspect that an improper abatement occurred on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

To reduce the release of fibers into air, it is crucial to keep the material wet throughout the removal process. Spraying the material before taking it off with a water/detergent spray can help in this. After the asbestos has been removed, it must be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and then disposed in a leak-proof car.

Alternatively, small areas of asbestos in good condition can be covered with commercial products that are designed to repair holes and seal damages. These are sold at stores that specialize in asbestos-related materials and safety items. Check out How to Remove Asbestos for more details about how to dispose and cover asbestos in a safe manner.