Why Asbestos Lawyer Should Be Your Next Big Obsession

Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have been floated through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals for review and risk assessment.

Property owners are also responsible for asbestos-related injuries, as are mining companies. Laws vary state-to-state, but in general property owners must keep their structures safe and inform employees of potential dangers.

The Law

Asbestos is an assortment of naturally occurring minerals. It was previously used in construction since it was fireproof as well as chemical corrosion resistant and insulating. Inhaling asbestos fibers, however they can trigger serious health problems, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms could appear 15-30 years later. Even today, asbestos is still found in over 3,000 different products. If you believe your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can determine what to do when asbestos is found in your workplace or home and will collaborate with a contractor when needed.

It is possible to file an asbestos lawsuit against the maker of asbestos-containing products. However, proving the defendant's negligence may be a challenge. In some instances, victims could be able to claim damages on the basis of strict liability. This type of claim is not based on the four elements of negligence to be established, but instead rely on the fact that a product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of strict liability, negligence, and the various types of liability and tell whether this theory applies to your particular situation. Employers are also required to provide safe working conditions to their employees and adequate training in safety. This obligation can be extended to building owners who employ asbestos, if they are aware employees from third parties will be using the buildings.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies that make this decision are required to fund "bankruptcy funds" that pay injured victims pennies on their previous losses. This system has been criticized for its lack of transparency and the fact that it does not cover workers' future compensation.

Congress was able to consider but could not approve, legislation that would have established the $140 billion trust fund for asbestos to be used in lieu of litigation. The bill would have made use of funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos isn't as widespread in building materials, and some Americans might have believed that asbestos was banned. However the United States is one of the few industrialized countries that doesn't ban asbestos, despite the fact that asbestos is known to cause cancer in any amount. This is an issue that our lawyers and the rest of the world's anti-asbestos movement continue to work on every day.

The first step toward an end to the ban came in 1989 when the EPA issued a rule banning the importation, manufacturing and processing of all asbestos-containing products. The chemical industry sued, and the court reversed the majority of the ban. Asbestos is still being employed in a few manufacturing processes, and it's still legal for companies to purchase the product from mining operations and then import it for other purposes.

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

However, trade groups continue to block the EPA's effort to ban asbestos. These groups argue that a ban would jeopardize the supply of chlorine in the country, and they argue that there are alternatives that are more secure than asbestos. They have hired consultants and experts to assist them in making their case. They're also reaching out on lawmakers who have connections to asbestos.

This is a battle our company has been involved in for over 15 years. We are proud of our participation in the International Ban Asbestos Secretariat and will continue to be involved until the EPA bans the deadly and harmful substance in the United States. This is a crucial step to ensure that no other Americans will be afflicted with the same fate as millions of men, women and children who have already been diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is a group of naturally occurring minerals that are placed in long, thin fibers. These materials are well-known for their toughness, flexibility and resistance to fire and chemicals. These properties made these materials useful in a range of industrial products such as insulation.

Because asbestos is so versatile, it's used in a variety of household and commercial products. Some examples include floor tiles made of vinyl insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also found in shingles, ceiling tiles and insulation for furnaces and pipes in schools, and numerous other building materials that are commonly used.

When asbestos is disturbed it releases harmful fibers into the atmosphere. Inhaling asbestos fibers can result in serious lung diseases such as 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 concerned that they might have asbestos in their homes. Asbestos in good shape is not likely to release fibers until it is disturbed. Check the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you are planning to make changes to your home or disturb it in any way, you must consult an asbestos abatement specialist for a thorough examination.

If asbestos is in good condition, there is no reason to remove it from your home. Consult your physician if you are worried about your health. They can order a variety of tests to determine whether you're suffering from symptoms linked to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. In addition the state laws require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer must provide you with details on how to connect with a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. They can examine and test your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the proper precautions are taken. This is why asbestos removal should be left to experts who are licensed and educated in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, he or she must follow all federal and state regulations. This includes properly covering every waste product generated during the process and properly disposing it. Improper handling and disposal asbestos could put workers as well as the general public at risk of developing asbestos-related illnesses 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 has not been damaged, it is unlikely to pose a health threat. However, it is highly recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before starting the work. This will let the professional know whether the material requires to be removed prior to beginning any work and will also ensure that it is handled, packaged and Asbestos Legal labeled before being transported and disposed of in accordance with government regulations.

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

When removing asbestos, the material needs to be kept wet all the time to limit the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray will help achieve this. After the asbestos has been removed, it must be placed in thick plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition with commercial products that can fill holes and seal damages. These are products can be found in stores that specialize in asbestos-related products and safety equipment. Find out How to Get Asbestos Out for more information about how to cover and dispose of asbestos properly.