Asbestos Lawyer 101 It's The Complete Guide For Beginners

Is Asbestos Legal?

Congress has approved several incremental legislation plans despite the fact that asbestos is still banned. One of these proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s prioritization list of chemicals for asbestos lawsuit risk assessment and review.

In addition to mining companies, property owners can also face liability for asbestos-related injuries. Laws vary state-to-state but generally, property owners must ensure that their premises safe and inform workers of the potential hazards.

The Law

Asbestos can be described as a variety of minerals that are naturally occurring. It was once used in construction because it was fireproof, chemical corrosion resistant and an insulator. Inhaling asbestos fibers, however it can cause serious health issues, such as asbestosis, lung cancer and mesothelioma. After exposure, symptoms may be noticed 15-30 years later. Even in the present, asbestos is found in over 3,000 different products. If you suspect your workplace or home may contain asbestos, a certified inspector should be able to inspect the area. A professional can help you determine what steps to take when asbestos is found in your home and will work with an abatement contractor should it be necessary.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. It is often difficult to prove the defendant's guilt. In certain cases, victims may seek damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proved, but instead rely on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the different types of liability and help you if this theory applies to your particular situation. The law also requires that employers provide safe working conditions as well as adequate safety training to employees. This obligation can extend to owners of buildings that are constructed with asbestos when it is determined that the building will be used by third party employees.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies who make this decision are required to provide "bankruptcy funds" which pay injured victim's pennies on the dollars of their losses in the past. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

To protect the public, Congress has considered but failed to pass legislation to establish a $140 billion asbestos trust fund in lieu of litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies for compensation. However, it did not receive the support of victim advocates and asbestos lawsuit corporations.

Is Asbestos Banned In The U.S.

Many Americans may have believed asbestos was banned since it is not a typical building material. The United States is one the few industrialized countries that do not prohibit asbestos despite its well-known cancer-causing properties. Our lawyers and the rest of the world's anti-asbestos campaign continue to work every day on this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a directive prohibiting the manufacturing, importation and processing of the majority of asbestos-containing products. However chemical industry filed a suit and the court upheld the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for companies to import the substance and buy it from mining operations.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more leverage to regulate dangerous chemicals. Asbestos was added to the list of chemicals that require a risk assessment. In the year 2019, EPA took a major step towards the ban when it issued an ordinance that strengthened the agency's abilities to prevent asbestos-containing product from returning to the market.

However, trade organizations are once again trying to block the EPA's effort to prohibit asbestos. The trade groups argue that a ban would threaten the chlorine supply in the country, and they argue that there are safer alternatives to asbestos. They have hired experts and consultants to to make their case and are now turning to lawmakers who have ties to asbestos companies.

This is a war that our firm has been involved in for more than 15 years. We are extremely proud to have fought with our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a significant step to ensure that there are no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to Know if You Have Asbestos

Asbestos is a grouping of minerals that are found naturally and are laid out into long, thin fibers. They are known for their flexibility, strength and resistance to chemical and fire. These qualities made them useful in a range of industrial products like insulation.

Asbestos can be found in many different types of building and household items. Examples include vinyl floor tiles as well as insulation for pipes and boilers in commercial and residential buildings, and fake fireplace embers. Asbestos can also be found in ceiling tiles, shingles and insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the atmosphere. If inhaled, these microscopic fibers can enter the lungs and cause severe lung diseases like mesothelioma and asbestosis. These illnesses can be long-lasting, and victims may not notice symptoms for 20 to 50 years following exposure.

Many people are concerned about asbestos in their homes. Asbestos in good health is not likely to release fibers until it is disturbed. Examine the material for water damage, abrasions, or tears. If the material is slightly damaged or you are planning a home remodel that could disturb it, you should check with an asbestos abatement specialist for further examination.

If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, consult with a physician. They can order a variety of tests to determine whether you are suffering from symptoms associated with asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you work in an asbestos-containing building your employer is required to provide you with details on how to reach a contractor who can remove asbestos. Contact an environmental inspection firm to examine your home. These professionals can examine and test your home.

How to Remove Asbestos

Asbestos removal is secure if you take the right precautions. asbestos compensation removal should only be performed by professionals who are trained and licensed in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must follow federal and state laws regarding how to complete the task. This includes covering and disposing of all waste from the project. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to prevent this from occurring.

If asbestos claim is in good condition and isn't disturbed, it should not be a health risk. However, it is highly recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos expert prior to beginning any work. This will allow a professional to determine if the material requires removal prior to commencing any work. It will also ensure that it is handled, packed, labeled and transported according to the guidelines of the government.

It is illegal to work on asbestos without a valid license Anyone who does not comply with these rules face large fines. If you suspect that an improper abatement has occurred on your property, you should contact the Occupational Safety and Health Administration or your local or state department of environmental quality.

To prevent the release of fibers into the air, it is essential to keep the material hydrated during the removal process. This can be accomplished by spraying the asbestos with a mist of detergent and water prior to taking it away. After the asbestos has been removed, it should be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and disposed of in an enclosed vehicle that is leak-proof.

In addition small areas of asbestos in good condition can be covered with commercially-made products designed to fill holes and seal any damage. These are available at stores that specialize in asbestos-related materials and safety items. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.