What Asbestos Lawyer You'll Use As Your Next Big Obsession?

Is Asbestos Legal?

Although asbestos remains banned, several incremental legislative proposals have churned through Congress. One of these proposed legislations, 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.

Property owners are also responsible for asbestos-related injuries, in addition to mining companies. The laws vary from state to state, but generally, property owners are obliged to keep their properties secure and inform workers of any dangers that could be present.

The Law

Asbestos is among the naturally occurring minerals that were once used in the construction industry due to 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 develop after exposure. Even today, asbestos is found in more than 3,000 different products. If you believe your workplace or house may contain asbestos, a qualified inspector should be able to inspect the area. A professional can advise you on what steps to take when asbestos is found in your property and will collaborate with an abatement contractor in the event of a need.

You may file a lawsuit against the manufacturer when they produce asbestos-containing products. However, proving a defendant's negligence can be difficult. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim eliminates the requirement of proving the four elements of negligence, and relies instead on the fact that the product was inherently dangerous.

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 situation. The law also requires employers to provide safe working conditions as well as adequate safety education to employees. This requirement can also apply to the owners of structures where asbestos is used when it is determined that the buildings will be used by third party employees.

Many asbestos producers avoided liability through bankruptcy protection. Companies that do so are required to fund specific "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't provide workers with future compensation.

Congress considered but could not approve legislation that would have created a $140 billion trust fund for asbestos to be used in lieu of litigation. This bill would have taken funds held in reserve by bankruptcy trusts, manufacturers and insurance companies to compensate victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned because it's no longer a common building material. However the United States is one of the few industrialized countries that does not ban asbestos despite the fact asbestos is known to cause cancer in any quantity. Our lawyers and the rest the international anti-asbestos campaign continue to work daily on this issue.

The first step towards an end to the ban came in 1989, when the EPA issued a directive prohibiting the manufacturing, importation and processing of all asbestos-containing products. However, the chemical industry sued and the court upheld most of the ban. Asbestos is still used in some manufacturing processes. It's legal for companies to import the substance and buy it from mining operations.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate hazardous chemicals. Asbestos has been added to the list of substances that require a risk assessment. In 2019, the EPA made a significant step towards a ban when it released an ordinance that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the marketplace.

Trade groups are trying to block the EPA's effort to ban asbestos. These groups claim asbestos bans would harm the nation's supply of chlorine and argue that there are better alternatives in place of asbestos. They have hired experts and asbestos law consultants to help to make their case and are now looking to lawmakers who have ties to asbestos's industry.

Our firm has been fighting this fight for more than 15 year. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and harmful substance in the United States. This is an important step toward ensuring 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 Know if You Are Suffering from Asbestos Law

Asbestos is made up of a collection of minerals that are found naturally and are formed into long, fine fibers. These materials are well-known for their flexibility, strength and resistance to fire and chemicals. These qualities made them useful in a range of industrial products such as insulation.

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

When asbestos is disturbed, it releases harmful fibers into the air. Inhaling the fibers can trigger serious lung conditions like asbestosis or mesothelioma. These diseases have a lengthy time of latency, and patients may not experience symptoms until 20 to 50 years after exposure.

Many people are worried about asbestos in their homes. In most cases, asbestos in good condition will not release fibers unless they are disturbed. Homeowners should examine the material for abrasions, tears or water damage. If the material appears to be slightly damaged, or if you plan to renovate your home and disturb it in any way, you should consult an asbestos abatement specialist for a further inspection.

If asbestos is in good shape, there is no reason to remove it from your home. Consult your physician if you are concerned about your health. They can order a variety of tests to see whether you are suffering from symptoms that are related to asbestos exposure.

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

How to Get Asbestos Out

Asbestos removal is safe provided you take the proper precautions. Asbestos removal should only be done by professionals who are certified and trained in the proper handling of the material. If a homeowner chooses to remove asbestos from their home, they must follow federal and state regulations on how the work is done. This includes covering up every waste product generated during the project and properly disposing of it. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related diseases, like lung cancer, and mesothelioma. To avoid this strict rules have been put in place.

If asbestos is in good shape and isn't damaged, it is unlikely to pose a health risk. It is however recommended that you have any ACM that could be affected by demolition or renovation inspected by an asbestos expert prior to starting the work. This will allow a professional to determine if the material needs to be removed prior asbestos law to commencing any work. It also helps ensure it is handled, packed, labeled and transported in accordance with the government regulations.

It is illegal for anyone to work with asbestos without a license, and those who violate these regulations face severe penalties. If you suspect that improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

To limit the release of fibers into the air, it's important to keep the material moist throughout the removal process. This can be accomplished by spraying the material with a detergent or water mist prior to taking it off. After the asbestos is removed, it is placed in large plastic bags or tarps which are double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof car.

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