10 Unexpected Asbestos Lawyer Tips

Is Asbestos Legal?

Congress has approved several incremental legislation proposals despite the fact that asbestos is still banned. One of them proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's list of priority chemicals to be reviewed and assessed for risk.

In addition to mining businesses, property owners may be held accountable for asbestos-related injuries. The laws vary from state to state, but generally property owners are required to keep their premises safe and warn workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibers can lead to serious health issues like mesothelioma, lung cancer and asbestosis. After exposure, symptoms could develop 15-30 years after. Even in the present, asbestos can be found in more than 3000 products. A certified inspector should examine your home or work place if you suspect it may contain asbestos. A professional can advise you on what to do if asbestos is present in your home or asbestos legal workplace and will collaborate with a contractor should it be necessary.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. It can be difficult to prove a defendant's fault. In some instances, the victims can seek damages under a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and relies instead on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the various kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your situation. Employers are also required to ensure safe working conditions for their employees as well as adequate training in safety. This requirement can be extended to property owners who employ asbestos if they are aware that employees from third parties will be using the buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" which pay injured victim's pennies for their losses in the past. This system has been criticized for its lack of transparency as well as the fact that it doesn't provide workers with future compensation.

Congress looked at but did not adopt, legislation that would have created an investment fund of $140 billion for asbestos in lieu of litigation. This bill would have utilized the funds of bankruptcy trusts and insurance companies for compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Many Americans might have believed that asbestos was prohibited because it's no longer a commonly used building material. However it is true that the United States is one of the few industrialized countries that doesn't ban asbestos despite the fact asbestos is known to cause cancer in any quantity. This is a problem that our lawyers and the rest of the world's anti-asbestos community continue to work on each day.

The first step towards a ban came in 1989 when the EPA issued a rule banning the production, importation, and processing of the majority of asbestos litigation-containing products. 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 then import it for other purposes.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk evaluation. The EPA took another major step toward a ban in 2019, when it released a final rule that strengthens the agency's capability to prevent asbestos-containing products from resurfacing on the market.

Trade groups are attempting to stop the EPA from bans on asbestos. The trade groups argue that a ban will affect the nation's supply of chlorine and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are now looking to legislators who have ties to asbestos-related industries.

This is a battle our company has been involved in for over 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans 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 women, men and children who have already been diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are known as being tough, flexible and resistant to chemicals and fire. These properties made these materials useful in a variety of industrial products such as insulation.

Because asbestos is so versatile, it's used in a range of household and building items. 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 pipes, furnaces and other common building materials.

When asbestos is disturbed it releases dangerous fibers into the air. When inhaled, these tiny fibers can get into the lungs and cause serious lung diseases such as mesothelioma and asbestosis. These diseases may have a long time of latency, and victims may not be symptomatic for up to 20 years after exposure.

Many people are concerned that they might have asbestos in their homes. Asbestos that is in good condition will not release fibers until it is agitated. Examine the material for water damage, abrasions or tears. If the material appears to be damaged or you are planning a home remodel that could cause damage to it, you must consult with an asbestos removal specialist for further examination.

If asbestos is in good condition, there is no reason not to remove it from your home. If you are concerned about your health, consult with a physician. They can recommend a range of tests to see whether you're experiencing symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in a public building in which you are exposed to asbestos, your employer should provide you with information on how to contact an asbestos abatement contractor. Contact an environmental company to examine your home. These professionals can examine and test your home.

How to Remove Asbestos

Asbestos removal is secure if you take the appropriate precautions. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to eliminate asbestos materials from their home, they must adhere to the federal and state regulations for the manner in which they do it. This involves properly covering and removing all waste from the project. Unsafe handling and disposal of asbestos could expose workers and the general public to asbestos-related diseases like lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from occurring.

If asbestos is in good shape and will not be affected, it will not pose a health threat. It is recommended to have any ACM that may be disturbed during renovation or demolition examined prior to you begin the work. This will allow an expert to determine whether the material requires removal prior beginning any work. It will also make sure that it is properly handled wrapped, labeled, and transported in compliance with the guidelines of the government.

Anyone who uses asbestos without a permit is violating the law, and those who do face heavy penalties. If you suspect that improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

In the process of removing asbestos, the material should be kept moist all the time to limit the release of airborne fibers. Spraying the material before removal with a detergent or water spray can help in this. Once asbestos has been removed, it must be placed in large plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly marked as asbestos waste and then disposed of in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition with commercial products that can fill holes and seal damages. These are sold at stores which specialize in asbestos materials and safety items. Check out How to Get Asbestos Out for more information about how to cover and dispose asbestos safely.