What Experts In The Field Of Asbestos Lawyer Want You To Know

Is Asbestos Legal?

While asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for risk assessment and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. State laws differ however, in general, property owners must keep their premises safe and inform workers of any dangers that could be present.

The Law

Asbestos is a group of naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers they can trigger serious health issues, including asbestosis, lung cancer, and mesothelioma. After exposure, symptoms can develop 15-30 years after. Even today, asbestos is found in more than 3,000 items. If you think your workplace or home might contain asbestos, an experienced inspector should examine the area. A professional can advise you on what steps to take should asbestos be found in your property and will collaborate with an abatement company should it be necessary.

You may file a lawsuit against the manufacturer if they manufacture asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In certain cases, victims might be able seek damages under the theory of strict liability. This type of claim does not require the four elements of negligence to be proven and instead relies on the fact that the product was inherently hazardous.

An asbestos lawyer can explain the various kinds of negligence and strict liability and can advise on whether this theory applies to your case. Employers are also required to ensure safe working conditions for their employees and adequate training in safety. This obligation could be extended to owners of buildings who use asbestos if they know that employees from third parties will be using the buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that comply with this procedure are required to fund "bankruptcy funds" which pay victims of injury pennies for their past losses. This system is criticized for its lack of transparency and because it does not provide future compensation.

Congress considered but did not adopt legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. The bill would have taken funds kept in reserve by manufacturers, bankruptcy trusts 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 might have believed that asbestos was banned because it's no longer a commonly used building material. The United States is one the few industrialized nations that do not ban asbestos despite its cancer-causing properties. Our lawyers and the world's anti-asbestos activists continue to fight every day on this issue.

In 1989 the year 1989, the EPA published a rule that prohibited the production, importation and processing of asbestos-containing products. However chemical companies filed a lawsuit and the court reversed most of the ban. Asbestos is still employed in a few 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 updated Toxic Substances Control Act, giving the EPA more power to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk analysis. The EPA took another major step toward a ban in 2019 when it issued a final rule that bolsters the agency's capacity to stop asbestos-containing items from returning to the market.

Trade groups are trying to prevent the EPA from banning asbestos. They argue that the asbestos ban would be a threat to the supply of chlorine in the United States and claim that there are alternatives to asbestos. They have hired experts and consultants to present their arguments and are now turning to lawmakers who have ties to asbestos's industry.

Our firm has been fighting this fight for more than 15 years. We are proud to be with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA has banned this hazardous and deadly substance in the United States. This is a significant move to ensure that nobody else Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.

How to Tell if you have Asbestos

Asbestos is made up of an assortment of minerals that occur naturally and are laid out into long, thin fibres. These materials are known as being flexible, strong and resistant to chemicals and fire. These properties make them useful in a number of industrial products, like insulation.

Asbestos is utilized in a variety of building and household items. Some examples include vinyl floor tiles insulation for pipes and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces and pipes in schools, as well as many other common building materials.

When asbestos is disturbed it releases harmful fibres into atmosphere. Inhaling the fibers can trigger serious lung diseases, asbestos legal such as mesothelioma or asbestosis. These diseases have a long latency period, and victims may not experience symptoms until 20 to 50 years after exposure.

Many people are concerned that they may have asbestos in their homes. Most of the time asbestos in good state will not release any fibers unless they are disturbed. Homeowners should inspect the material for abrasions, tears or water damage. If the material appears to be damaged or you are planning a renovation that could affect it, you should check an asbestos abatement expert for a more thorough inspection.

If asbestos is in good shape there is no reason to remove it. If you are concerned about your health, consult a physician. They can conduct various tests to determine if you suffer from symptoms that are related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. Additionally the state laws oblige public employees to have the same protections. If you are employed in an asbestos-containing facility your employer must provide you with information on how to reach a contractor who can remove asbestos. You should also contact an environmental inspection company to examine your home. They will test your home and conduct a thorough visual examination.

How to Remove Asbestos

Asbestos removal is safe if you follow the correct precautions. As a result, asbestos removal should be left to professionals who are licensed and certified in the proper handling and disposal of the substance. If homeowners decide to remove asbestos from their home, they must comply with all federal and state regulations. This includes covering every waste product generated by the project, and then disposing of it. Improper handling and disposal of asbestos could put workers and the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to stop this from happening.

Asbestos that is in good shape and can't be disturbed may be safe for health. It is recommended to have any ACM that may be disturbed during renovations or demolition checked prior to when you begin your work. This will allow a professional to determine whether the material requires removal prior commencing any work. It also helps ensure it is handled wrapped, labeled, and transported in accordance with the guidelines of the government.

Anyone who uses asbestos without a permit violates the law and those who violate it are liable for heavy fines. If you suspect that improper abatement occurred on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your local or the state department of environmental health.

When removing asbestos, the material needs to be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the asbestos with a mist of water or detergent prior to removing it. Once the asbestos lawsuit is removed, it needs to be placed in large plastic bags or tarps which are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste, and then disposed in a leak-proof car.

Alternatively small areas of asbestos lawsuit that are in good condition can be coated with commercial products designed to make holes or seal the damage. These are available at stores that specialize in asbestos products and safety items. For Asbestos Legal more details on how to properly remove asbestos Learn How to Remove Asbestos.