Asbestos Lawyer Tips From The Best In The Industry

Is Asbestos Legal?

Congress has approved a variety of incremental legislation proposals despite the fact asbestos is still prohibited. One of them, 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.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. The laws vary from state to state, but in general property owners must keep their premises safe and inform employees of potential dangers.

The Law

Asbestos is an assortment of naturally occurring minerals. It was once employed in construction because it was fire-resistant, chemical corrosion resistant and insulating. Inhaling asbestos fibers, however they can cause serious health issues, including asbestosis, lung cancer and mesothelioma. After exposure, asbestos legal symptoms may be noticed 15-30 years later. Even today, asbestos is still present in more than 3,000 different products. If you are concerned that your workplace or home might contain asbestos, a qualified inspector should examine the area. A professional can help you determine what needs to be done in the event that asbestos is present on your property and work with an abatement professional if necessary.

You can file a suit against the manufacturer if they produce asbestos-containing products. However, proving the defendant's negligence may be a challenge. In certain instances, victims can seek damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be established, but instead rely on the fact that the product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform you on the possibility of applying this theory in your case. The law also requires that employers provide safe working conditions as well as adequate safety training to employees. This obligation can extend to owners of buildings where asbestos is utilized when it is determined that the building will be used by employees of a third party.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who use this method are required to fund "bankruptcy funds" which pay injured victim's pennies on the dollars of their past losses. This system is criticized for its lack of transparency and because it does not cover future compensation.

To protect the public, Congress has considered but was unable to pass legislation to establish a $140 billion asbestos trust fund to compensate victims of litigation. This legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in building materials, and many Americans might have believed that the mineral was not allowed. The United States is one the few industrialized nations which do not have a ban on asbestos despite its known cancer-causing properties. Our lawyers and the rest the world's anti-asbestos movement continue to fight every day on this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of all asbestos-containing products. However chemical industry filed a suit and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the material and purchase it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list of substances that require a risk assessment. The EPA took another major step towards a ban 2019 when it issued a final rule that strengthens the agency's ability to stop asbestos-containing products from returning to the market.

Trade groups are trying to prevent the EPA from banning asbestos. These groups claim that a ban will affect the supply of chlorine in the country and argue that there are alternatives that are more secure than asbestos. They have hired experts and consultants to aid them in making their argument. They're also looking to lawmakers who have ties to asbestos.

This is a battle our firm has been involved in for over 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a crucial step toward ensuring that no other Americans will suffer the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is an assortment of naturally occurring minerals that are placed in thin, long fibers. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties made these materials useful in a range of industrial products, including insulation.

Asbestos is used in many different types of household and building products. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces and pipes in schools, Asbestos Legal as well as many other common building materials.

When asbestos is disturbed it releases harmful fibers into the atmosphere. Inhaling the fibers can trigger serious lung conditions like mesothelioma or asbestosis. These illnesses have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people worry that they might have asbestos in their home. Most of the time asbestos in good state will not release any fibers unless disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material appears slightly damaged or if you are planning to remodel your home and disturb it in any way, consult an asbestos abatement expert to conduct a more thorough inspection.

If asbestos claim is in good health, there is no need to get rid of it. Talk to your doctor if are worried about your health. They can order a variety of tests to determine if you suffer from symptoms relating to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to safeguard their employees from exposure to asbestos. In addition, state laws require public employees to be provided with the same protections. If you work in a public building that is exposed to asbestos, your employer must provide information on how to contact an asbestos abatement contractor. Contact an environmental inspection company to assess your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos can be safely removed provided the proper precautions are followed. Asbestos removal is best done by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their house, they must comply with federal and state regulations on how the work is carried out. This includes covering any waste generated by the project and disposing it. Improper handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma cancer and lung disease. This is why strict rules are in place to stop this from occurring.

If asbestos is in good condition and is not affected, it will not be a health risk. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos professional before commencing the work. This will allow the professional to determine whether the material should be sprayed prior to starting any work. They will also ensure that it is treated, packaged in a way that is labeled, transported and then disposed of in accordance to the rules of the government.

It is illegal for anyone to work on asbestos without a valid license Anyone who does not comply with the rules are subject to severe fines. If you suspect that asbestos was not properly removed from your property or building, contact your county or state environmental quality department or the Occupational Safety and Health Administration.

When removing asbestos law, the material needs to be kept wet all the time to limit the release of airborne fibers. Spraying the material prior to taking it off with a water/detergent spray can aid in this. After the asbestos is removed, it has to be put into plastic bags or tarps that are double-wrapped with tape. This material should be clearly marked as asbestos waste and disposed of in a leak-proof vehicle.

Alternately, small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These products are available at stores that specialize on asbestos materials and safety equipment. For more details about how to remove asbestos, see How to Remove Asbestos.