Your Family Will Thank You For Having This Asbestos Lawyer

Is Asbestos Legal?

Although asbestos is still banned, numerous legislative proposals for incremental legislation have been passed through Congress. One of them, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals that require risk assessment and review.

In addition to mining companies, property owners can be held responsible for asbestos-related injuries. The laws vary from state to state, but in general property owners are required to keep their buildings safe and notify workers of potential dangers.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once used in construction because it was fire-resistant as well as chemical corrosion resistant and insulating. Inhaling asbestos fibers, can cause serious health problems, including asbestosis, lung cancer and mesothelioma. Symptoms can take 15 to 30 years to show up after exposure. Even today, asbestos is found in more than 3,000 different products. If you suspect your workplace or home might contain asbestos, a qualified inspector should check the area. A professional can advise you on what steps to take if asbestos is present in your home or workplace and will work with a contractor when needed.

You can file a lawsuit against the manufacturer when they produce asbestos-containing products. It can be difficult to prove that a defendant's negligence is the cause. In certain cases, victims can seek damages under a theory of strict liability. This type of claim is not based on the four elements of negligence to be proven and instead relies on the fact that the product was inherently dangerous.

An asbestos lawyer can explain the different types of negligence and strict liability and will advise you on whether this theory applies to your particular situation. Employers are also required to offer safe working conditions for their employees and adequate education in safety. This requirement can be extended to property owners who employ asbestos if they know that employees from third parties will be using the structures.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of previous losses. This system has been criticized for its lack of transparency as well as the fact that it doesn't pay future workers' compensation.

Congress considered, but did not pass 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 pay victims. However, it did not get the support of victims advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in construction materials, and a lot of Americans may have assumed that asbestos was banned. The United States is one the few industrialized countries that do not prohibit asbestos despite its well-known cancer-causing properties. This is a matter that our lawyers and the international anti-asbestos movement continue to tackle every single day.

In 1989 the year 1989, the EPA issued a rule which prohibited the manufacture, importation, and processing of asbestos-containing products. However chemical industry filed a suit and the court ruled in favor of the majority of the ban. Asbestos is still used in some manufacturing processes, and it's legal for companies to purchase the material from mining operations and then import it for different purposes.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list that requires an assessment of risk. The EPA made another significant step towards a complete ban in 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing products from returning to the market.

However, trade organizations continue to stop the EPA's efforts to ban asbestos. These groups claim the ban on asbestos will affect the supply of chlorine in the country and claim that there are safer options than asbestos. They have hired experts and consultants to present their arguments, and they are turning to lawmakers with ties to the asbestos industry.

Our company has been fighting this fight for more than 15 year. We are incredibly proud to have stood alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA bans this dangerous and deadly substance in the United States. This is a huge step in ensuring that nobody else Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is made up of an assortment of minerals that naturally occur and are arranged into long, thin fibres. These minerals are renowned for their strength, flexibility and resistance to fire and chemicals. These qualities make them ideal in a number of industrial products, like insulation.

Because asbestos is so versatile, it's employed in a variety of household and commercial products. Vinyl floor tiles boiler and pipe insulation in commercial and residential building, and fake fireplace embers are but a few examples. Asbestos can also be found on ceiling tiles, shingles as well as 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 air. Inhaling these microscopic fibers can enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These illnesses have a long latency period, and victims might not feel symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their home. Asbestos in good shape will not release fibers until it is damaged. Inspect the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you're planning to renovate your home and alter it in any way, you should seek out an asbestos abatement professional for a further inspection.

If asbestos is in good condition there is no need to remove it. Consult your physician if you are concerned about your health. They can conduct various tests to determine whether you suffer from symptoms related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to shield their employees from exposure to asbestos. State laws also require that public employees also receive the same protection. If you work in an asbestos-rich building your employer must provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental inspection company to evaluate your home. These professionals can test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos removal is safe when you take the right precautions. Because of this, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, he or she must comply with all state and federal regulations. This includes properly covering all the waste produced during the project and properly disposing of it. Improper handling and disposal asbestos compensation could put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma, cancer, and lung disease. This is why strict regulations are in place to stop this from occurring.

Asbestos in good condition that will not be disturbed may not pose a health risk. However, it is highly recommended that you have any ACM which is affected by demolition or renovation inspected by an asbestos professional before commencing the work. This will enable the professional to determine if the material needs to be removed prior to beginning any work and will also ensure that it is treated, packaged and labeled, transported and disposed of according with regulations set by the government.

It is illegal to work on asbestos without a valid license anyone who is in violation of these rules face large fines. If you suspect that asbestos has been improperly removed from your property, you should contact your local environmental quality department or the Occupational Safety and Asbestos Legal Health Administration.

To reduce the release of fibers into the air, it's important to keep the material wet during the removal process. Spraying the asbestos prior removal with a detergent or water spray can aid in this. Once the asbestos has been removed, it should be placed in thick plastic bags or tarps that are double-wrapped with tape. This material should be clearly identified as asbestos waste and disposed of in a leak-proof vehicle.

Alternately small areas of asbestos that are in good condition can be coated with commercial products designed to make holes or seal the damage. These products are sold in stores that specialize in asbestos-related materials and safety equipment. For more information on how to properly cover asbestos and dispose of it Learn How to Remove Asbestos.