Your Family Will Be Grateful For Getting This Asbestos Lawyer

Is Asbestos Legal?

While asbestos is still banned, several incremental legislative proposals have been passed through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the The EPA's list of chemicals that are most important to be evaluated for risk and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary between states, but generally property owners are obliged to keep their properties secure and warn employees of any risks that might be present.

The Law

Asbestos is a class of naturally occurring minerals that were once popular in construction because of its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. Inhaling asbestos fibers, can cause serious health issues, such as asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to manifest after exposure. Even today, asbestos can be found in more than 3,000 products. A qualified inspector should check your home or work place if you suspect it may contain asbestos. A qualified professional can help you decide what to do should asbestos case be found in your home or workplace and can work with a contractor if needed.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In some instances, victims could be able to claim damages under the theory of strict liability. This type of claim removes any need to prove four elements of negligence and relies instead on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain the strict liability, negligence and the different types and advise you if this theory is applicable to your situation. The law also requires that employers provide secure working conditions and safety training for employees. This requirement can also apply to owners of buildings where asbestos is utilized in the event that it is established that the building are utilized by employees of third parties.

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

In an effort to safeguard the public, Congress has considered but did not pass legislation that would have created a $140 billion asbestos trust fund to compensate victims of litigation. The bill would have taken money reserved by bankruptcy trusts, manufacturers and insurance companies to pay victims. The bill was not endorsed by corporations or victims' advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have thought asbestos was banned since it's no longer a commonly used building material. The United States is one the few industrialized nations that do not prohibit asbestos despite its cancer-causing properties. Our lawyers and the international anti-asbestos campaign continue to work day in and day out on this issue.

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

In 2016 Congress amended the Toxic Substances Control Act and provided the EPA greater authority to regulate dangerous chemicals. Asbestos is now on the list of chemicals that require a risk assessment. The EPA took a further step towards a complete ban in 2019, when it announced an official rule that enhances the agency's capacity to stop asbestos-containing items from returning to the market.

Trade groups are trying to prevent the EPA from bans on asbestos. These groups claim that a ban would threaten the nation's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help argue their case and are now turning to legislators who have ties to asbestos-related industries.

Our firm has been fighting this fight for more than 15 year. We are extremely proud of our role in the International Ban Asbestos Secretariat and will continue to participate until the EPA eliminates the dangerous and deadly substance in the United States. This is a major step to ensure that there is no longer a chance for Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is made up of a collection of minerals that are found naturally and are arranged into long, thin fibers. These materials are well-known for their strength, flexibility and resistance to fire and chemicals. These qualities made them suitable in a variety of industrial products, like insulation.

Because asbestos is so versatile, it's used in a variety of household and building products. Vinyl floor tiles, boiler and pipe insulation in residential and commercial building, and fake fireplace embers are some examples. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes and other building materials commonly used.

When asbestos is disturbed it releases harmful fibers into the air. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases such as mesothelioma and asbestosis. These diseases can have a long time of latency and patients may not show symptoms for up to 20 years following exposure.

Many people are concerned that they may have asbestos in their homes. Most of the time asbestos in good condition will not release fibres unless disturbed. Be sure to inspect the material for water damage, abrasions or tears. If the material is slightly damaged or you are planning to remodel your home that could disturb it, asbestos lawsuit you should check an asbestos abatement expert to conduct a further inspection.

If asbestos is in good condition, there is no reason to eliminate it from your home. Talk to your doctor if are worried about your health. They can order a variety of tests to determine whether you're experiencing symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to protect their employees from exposure to asbestos. In addition states' laws require public employees to receive the same protections. If you work in an asbestos-containing building the employer has to provide you with details on how to find a contractor that can remove asbestos. Contact an environmental company to assess your home. They will test your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos removal is secure if you take the right precautions. Asbestos removal is best performed by experts who have been certified and trained in the proper handling of the material. If homeowners decide to remove asbestos from their home, they must follow all state and federal regulations. This includes covering all the waste produced during the process and properly disposing it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases like mesothelioma, cancer, and lung disease. To avoid this strict regulations have been enacted.

Asbestos in good condition that can't be disturbed may not pose any health risks. It is recommended to have any ACM which will be disturbed during renovations or demolition examined prior to you begin your work. This will allow an expert to determine if the material requires removal prior to commencing any work. It also helps ensure it is handled in a safe manner, packaged, labeled and transported in accordance with the government regulations.

It is unlawful for anyone to work in asbestos without a license anyone who is in violation of these rules can face substantial fines. If you suspect improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

To minimize the release of fibers into air, it's important to keep the material moist during the removal process. Spraying the asbestos prior to removing it with a water/detergent spray can help in this. Once asbestos has been removed, it should be placed in thick plastic bags or asbestos lawsuit tarps double-wrapped and sealed by tape. This material must be clearly labeled as asbestos waste and disposed of in a leak-proof vehicle.

You can also cover small areas of asbestos in good condition by using commercial products that fill holes and seal damage. These are products can be found in stores that specialize in asbestos materials and safety equipment. See How to Get rid of Asbestos to learn more about how to dispose and cover asbestos in a safe manner.