How Can A Weekly Asbestos Lawyer Project Can Change Your Life

Is Asbestos Legal?

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

In addition to mining companies, property owners could also face liability for asbestos-related injuries. State laws differ however, in general, property owners are required to keep their structures safe and inform employees of potential dangers.

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was once used in construction because it was fire-resistant as well as chemical corrosion resistant and an insulator. Inhaling asbestos fibers, can cause serious health issues, including asbestosis, lung cancer, and Asbestos legal mesothelioma. The symptoms can take between 15 and 30 years to manifest after exposure. Even today, asbestos is found in more than 3,000 different products. A qualified inspector should be able to inspect your workplace or home in the event that you suspect it could contain asbestos. A professional can determine what to do should asbestos be present in your workplace or home and work with a contractor when needed.

It is possible to file an asbestos lawsuit against the manufacturer of asbestos-containing products. However, proving the defendant's negligence can be difficult. In certain cases, victims can claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be proven, but instead relies on the fact that the product was dangerous in its own right.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the various types of negligence and inform whether this theory applies in your situation. Employers are also required to ensure safe working conditions for their employees and provide adequate training in safety. This obligation can be extended to building owners who use asbestos if they are aware that employees from other companies will be using those structures.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that use this method are required to fund "bankruptcy funds" which pay injured victims pennies on their past losses. This system has been criticized for its lack of transparency and the fact that it does not pay future workers' compensation.

Congress considered but did not adopt, legislation that would have established an $140 billion trust fund for asbestos in lieu of litigation. The legislation would have taken funds held in reserve by manufacturers, bankruptcy trusts, and insurance companies to pay victims. However, it did not get the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans may have believed that asbestos was banned due to the fact that it is not a typical 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 rest the world's anti-asbestos movement continue to work day in and day out on this issue.

The first step towards an end to the ban came in 1989 when the EPA issued a rule prohibiting the production, importation and processing of all asbestos-containing products. However, the chemical industry 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 substance and purchase it from mining companies.

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list that requires a risk assessment. The EPA took another step toward a ban in 2019, when it released a final rule that strengthens the agency's ability to stop asbestos-containing products from coming back onto the market.

Trade groups are attempting to stop the EPA from banning asbestos. These groups claim that a ban could threaten the country's supply of chlorine, and they argue that there are safer alternatives to asbestos. They have hired consultants and experts to help them build their case. They are also reaching out to legislators with ties to asbestos.

This is a war that our firm has been involved in for over 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA has banned this hazardous and deadly chemical in the United States. This is a huge step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of women and children who were diagnosed with mesothelioma.

How to tell if you have asbestos

Asbestos is made up of a grouping of minerals that are found naturally and are arranged into long, thin fibers. These materials are known as being tough, flexible and resistant to fire and chemicals. These properties made these materials useful in a range of industrial products like insulation.

Asbestos is a component in a variety of building and household products. Vinyl floor Asbestos Legal tiles as well as boiler and pipe insulation in commercial and residential construction, as well as fake fireplace embers are a few examples. Asbestos can also be found in ceiling tiles and shingles, as well as insulation for pipes, furnaces, and other building materials that are commonly used.

When asbestos is disturbed, it releases dangerous fibres into the air. Inhaling these fibers can lead to serious lung diseases such as mesothelioma or asbestosis. These lung diseases have a long duration of incubation, and sufferers may not be able to recognize symptoms until 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their homes. Asbestos in good condition is unlikely to release fibers until it is damaged. Examine the material for water damage, abrasions or tears. If the material is damaged or you are planning a home remodel which could impact it, you must consult with an asbestos abatement specialist to conduct a further examination.

If asbestos is in good shape there is no need to eliminate it. Consult your physician if you are worried about your health. They can order a variety of tests to determine whether you're experiencing 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-rich building, your employer must provide you with the information needed to reach a contractor who can remove asbestos. Contact an environmental inspection company to assess your home. They can conduct a test on your home and conduct a detailed visual inspection.

How to Get Asbestos Out

Asbestos removal is safe when you follow the correct precautions. For this reason, asbestos removal should be left to experts who are licensed and certified in the proper handling and disposal of the material. If homeowner decides to eliminate asbestos from their home, he or she must comply with all federal and state regulations. This includes properly covering and disposing of all waste resulting from the project. Unsafe handling and disposal of asbestos can expose workers and others to asbestos-related diseases, including lung cancer and mesothelioma. To stop this from happening strict rules have been enacted.

If asbestos is in good shape and has not been damaged, it is unlikely to be a health risk. However, it is recommended that you have any ACM that will be disturbed through demolition or renovations inspected by an asbestos professional before beginning any work. This will enable a professional to determine whether the material requires abatement before starting any work. It also helps ensure it is handled, packed, labeled and shipped in accordance with the guidelines of the government.

It is illegal to work on asbestos without a valid license, and those who violate these regulations face severe penalties. If you suspect that improper abatement occurred on your property, you should contact the Occupational Safety and Health Administration or your county or the state department of environmental quality.

In the process of removing asbestos, the substance must be kept moist constantly to minimize the release of airborne fibers. Spraying the material before removing it with a water/detergent spray will aid in this. After the asbestos has been removed, it should be placed in thick plastic bags or tarps that have been double-wrapped and sealed with tape. The material should be clearly labeled as asbestos waste and then disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition with commercial items that fill holes and seal damage. These products are available in stores that specialize on asbestos materials and safety equipment. For more details about how to cover asbestos and dispose of it, see How to Remove Asbestos.