What Asbestos Lawyer Will Be Your Next Big Obsession?

Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have churned through Congress. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining companies, property owners could be held responsible for asbestos-related injuries. The laws vary from state to state however, in general, property owners must ensure that their premises safe and inform workers of potential dangers.

The Law

Asbestos is a class of naturally occurring minerals that once were popular in construction because of its fire-resistant, chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can cause serious health issues like lung cancer, mesothelioma and asbestosis. The symptoms can take between 15 and 30 years to appear after exposure. Even today, asbestos can be found in more than 3000 products. A qualified inspector should check your workplace or home when you suspect it may contain asbestos. A professional can tell you what to do should asbestos be found within your home or workplace and will work with a contractor when needed.

You can file a lawsuit against the manufacturer if they make asbestos-containing products. However, proving the defendant's negligence can be difficult. In some instances, victims might be able seek damages on the basis of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and relies instead on the fact that the product is inherently dangerous.

An asbestos lawyer can provide information on the various types of strict liability and negligence and will advise you on whether this theory is applicable to your situation. The law also requires employers to provide safe working conditions as well as adequate safety training to employees. This obligation could be extended to owners of buildings who use asbestos when they are aware that employees from third parties will be using the structures.

Many asbestos manufacturers escaped liability through bankruptcy protection. Businesses that do this are required to fund specific "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 provide workers with future compensation.

In a bid to protect the public, Congress has considered but failed to approve legislation that would have created a $140 billion asbestos trust fund to compensate victims of litigation. The bill would have made use of the funds of bankruptcy trusts and insurance companies to provide compensation. The bill was not endorsed by corporations or Asbestos Legal victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was prohibited because it's not a typical building material. However the United States is one of the few industrialized countries which does not prohibit asbestos despite the fact asbestos has been linked to cancer in any quantity. Our lawyers and the international anti-asbestos campaign continue to work day in and day out on this issue.

The first step toward an end to the ban came in 1989 when the EPA issued a rule prohibiting the manufacturing, importation and processing of most asbestos-containing products. However, the chemical industry sued and the court ruled in favor of most of the ban. Asbestos is still used in some manufacturing processes. It is legal for businesses to import the substance and buy it from mining operations.

In 2016 Congress changed the Toxic Substances Control Act and gave the EPA greater authority to regulate dangerous chemicals. Asbestos has been added to the list that requires an assessment of risk. In the year 2019, EPA made a significant step towards an end to asbestos when it announced an ordinance that strengthened the agency's capacity to stop asbestos-containing products from coming back to the market.

Trade groups are trying to block the EPA from banning asbestos. They claim that the asbestos ban would threaten the country's chlorine supply and argue that there are safer options than asbestos. They have hired experts and consultants to help present their arguments, and they are turning to lawmakers who have ties to asbestos's industry.

Our company has been fighting this battle for more than 15 year. We are proud to be 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 an important step in ensuring that other Americans will be afflicted with the same fate as the millions of women, men and children who have already been diagnosed with mesothelioma.

How to Determine if You Have Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in long, thin fibers. These materials are regarded as being strong, flexible and resistant to chemicals and fire. These qualities made them useful in a range of industrial products, including insulation.

Because asbestos is so versatile, it's used in a range of household and building items. Vinyl floor tiles as well as boiler and pipe insulation in commercial and residential construction, and fake fireplace embers are a few examples. Asbestos is also found in ceiling tiles or shingles, insulation for pipes, furnaces and other common building materials.

When asbestos litigation is disturbed it releases dangerous fibers into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These diseases have a long 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. In most cases asbestos in good condition will not release fibres unless they are 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 cause damage to it, you should speak an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good shape there is no need to get rid of it. If you are concerned about your health, consult with a physician. They can order 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 protect their employees from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer must give you information on how to reach an asbestos abatement contractor. Contact an environmental company to assess your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos removal is secure if you take the right precautions. Asbestos removal must be done by professionals who are trained and licensed in the proper handling of the material. If homeowner decides to take away asbestos from their home, they must follow all federal and state regulations. This includes covering up every waste product generated by the project and disposing it. Improper handling and disposal of asbestos could put workers as well as the general public at risk of developing asbestos-related diseases such as mesothelioma cancer and lung disease. To stop this from happening strict regulations have been enacted.

Asbestos in good health that will not be disturbed may not pose any health risks. It is recommended to have any ACM that is likely to be disturbed during renovation or demolition inspected prior to begin the work. This will allow an expert to determine if the material requires abatement before commencing any work. It will also ensure it is handled wrapped, labeled, and transported in accordance with the guidelines of the government.

It is illegal to work on asbestos without a valid license anyone who is in violation of these rules can face substantial fines. If you suspect that asbestos has not been properly removed from your property, you should contact your local or state environmental quality department or the Occupational Safety and Health Administration.

To limit the release of fibers into the air, it is important to keep the material hydrated during the removal process. Spraying the material prior to removing it with a water/detergent spray can aid in this. After the asbestos is removed, it needs to be stored in plastic bags or tarps which are double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste, and disposed in a leak-proof car.

You can also protect small areas of asbestos in good condition by using commercial products that seal holes and repair damage. They are available in stores that specialize in asbestos products and safety equipment. Check out How to Remove Asbestos for more information on how to cover and dispose of asbestos in a safe manner.