What Asbestos Lawyer Could Be Your Next Big Obsession

Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have been floated through Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's priority list of chemicals to be evaluated for risk and review.

Property owners are also accountable for asbestos-related injuries, as are mining companies. The laws vary from state to state but generally, property owners are required to keep their buildings safe and notify employees of potential dangers.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was previously used in construction because it was fire resistant as well as chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however it can cause serious health issues, including asbestosis, lung cancer and mesothelioma. The symptoms can take between 15 and 30 years to manifest after exposure. Even in the present, asbestos can be found in more than 3000 products. A qualified inspector should inspect your home or work place if you suspect that it might contain asbestos. A professional can determine what you should do should asbestos be found in your workplace or at home and work with a contractor if needed.

It is possible to make an asbestos lawsuit against the maker of asbestos-containing products. It is often difficult to prove the fault of a defendant. In some cases, victims could be able to claim damages on the basis of strict liability. This type of claim does not require the four elements of negligence to be proved, but instead relies on the fact that the product was inherently dangerous.

An asbestos lawyer can provide information on the different types of negligence and strict liability and advise you on whether this theory applies to your case. The law also requires that employers provide safe working conditions and adequate safety education to employees. This obligation can be extended to building owners who employ asbestos litigation when they are aware that employees from other companies will be using those buildings.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do so have to fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of previous losses. This system is criticized for the lack of transparency, as well because it doesn't cover future compensation.

To protect the public, Congress has considered but failed to pass legislation that would create an asbestos trust fund of $140 billion fund to replace litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to provide compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned due to the fact that it's not a typical building material. The United States is one the few industrialized countries that do not ban asbestos despite its cancer-causing properties. Our lawyers and of the world's anti-asbestos campaign continue to work day in and day out to address this issue.

The first step toward a ban came in 1989 when the EPA issued a regulation prohibiting the importation, manufacturing and processing of all asbestos-containing products. Chemical companies sued, and the court upheld the majority of the ban. Asbestos remains used in some manufacturing processes, and it's still legal for companies to purchase the product from mining operations and import it to use for other uses.

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA more authority to regulate hazardous chemicals. Asbestos has been added the list of chemicals that require a risk assessment. In 2019, the EPA took a major step towards a ban when it released a rule that strengthened the agency's capabilities to prevent asbestos-containing products from returning to the market.

However, trade groups are once again trying to block the EPA's effort to prohibit asbestos. These groups claim that a ban would threaten the chlorine supply in the country and argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to help them make their argument. They are also turning to legislators with ties to asbestos.

Our company has been fighting this battle for Asbestos Legal more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA prohibits this harmful and deadly substance in the United States. This is a significant step toward ensuring that no other Americans will be afflicted with the same fate as the millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if have asbestos

Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to fire and chemicals. These properties made them useful in a number of industrial products, like insulation.

Asbestos is used in many different types of household and building products. Some examples include vinyl floor tiles insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also present in shingles, ceiling tiles, insulation for furnaces as well as pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibres into atmosphere. When inhaled, these tiny fibers can get into the lungs and cause severe lung diseases like mesothelioma and asbestosis. These diseases have a lengthy latency period, and victims may not notice symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their home. Asbestos in good shape is unlikely to release any fibers until it is agitated. Be sure to inspect 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 should check with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good condition, there is no reason to eliminate it from your home. If you are concerned about your health, consult a doctor. 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 work in an asbestos-containing structure your employer is required to provide you with details on how to find a contractor that can remove asbestos. You should also contact an environmental inspection firm to evaluate your home. These professionals can test your home and conduct a detailed visual inspection.

How to Remove Asbestos

Asbestos can be safely removed, as long as the proper precautions are followed. Asbestos removal should be done by professionals who are certified and trained in the proper handling of the substance. If a homeowner decides to remove asbestos from their home, they must follow all state and federal regulations. This includes covering all the waste produced by the project and disposing it. Unsafe handling and disposal of asbestos could expose workers and the public to asbestos settlement-related illnesses, including lung cancer and mesothelioma. This is why strict regulations are in place to prevent this from happening.

If asbestos is in good shape and will not be disturbed, it may not pose a health threat. It is recommended to have any ACM that may be disturbed during renovations or demolition inspected prior to start the work. This will let the professional know whether the material requires to be removed prior to commencing any work. It will also ensure that it is handled, packaged, labeled, transported, and disposed of according to the rules of the government.

Anyone who uses asbestos without a permit is violating the law, and those who do face severe penalties. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your county or state department of environmental quality.

To prevent the release of fibers into air, it is crucial to keep the material wet during the removal process. Spraying the material before removal with a detergent or water spray will help achieve this. After the asbestos is removed, it must be placed into thick plastic bags or tarps which are double-wrapped with tape. This material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

You can also protect small areas of asbestos in good condition using commercial products that seal holes and repair damage. These are available at shops that specialize in asbestos materials and safety items. Learn How to Get rid of Asbestos to learn more on how to cover and dispose asbestos properly.