How To Research Asbestos Lawyer Online
Is Asbestos Legal?
Congress has passed a number of incremental legislation proposals, despite the fact that asbestos is still prohibited. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s top list of chemicals to be considered for risk assessment and review.
Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws differ from state to state, but generally, property owners are required to keep their buildings secure and inform workers of any possible dangers.
The Law
Asbestos is an assortment of minerals that are naturally occurring. It was previously used in construction since it was fire-resistant, chemical corrosion resistant, and an insulator. Inhaling asbestos fibers they can trigger serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms can appear 15-30 years later. Even today, asbestos is found in more than 3000 products. If you suspect your home or workplace may contain asbestos, a qualified inspector should inspect the area. A professional can advise you on what needs to be done when asbestos is found in your property and will work with an abatement contractor if necessary.
It is possible to bring an asbestos lawsuit against the maker of asbestos-containing products. However, proving a defendant's negligence can be a difficult task. In some cases, victims can claim damages under a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proven, but instead relies on the fact that a product was a risk in itself.
An asbestos lawyer can explain strict liability, negligence, and the various types of negligence and inform you on the possibility of applying this theory in your situation. Employers are also required to provide safe working conditions to their employees and adequate education in safety. This obligation could be extended to property owners who use asbestos if they are aware that third-party employees will use those buildings.
Many asbestos manufacturers avoided liability through bankruptcy protection. Companies that do this are required to pay "bankruptcy funds" which pay injured victims pennies based on their previous losses. This system has been criticized for its lack of transparency and the fact that it does not pay future workers' compensation.
In an effort to protect the public, Congress has considered but did not pass legislation to establish a $140 billion asbestos trust fund to replace litigation. The bill would have tapped funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to compensate victims. However, it didn't get the support of victim advocates and corporations.
Is Asbestos Banned in the U.S.?
Many Americans may have believed that asbestos was banned because it is no longer a commonly used building material. However it is true that the United States is one of the few industrialized nations that do not have a ban on asbestos, despite the fact that asbestos is known to cause cancer in any amount. This is a problem that our lawyers and the rest of the world's anti-asbestos movement continue to fight every day.
The first step toward prohibition came in 1989 when the EPA issued a regulation prohibiting the importation, manufacturing and processing of the majority of asbestos-containing products. Chemical companies sued, and the court ruled in favor of the majority of the ban. Asbestos is still used in a few 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, giving the EPA more power to regulate hazardous chemicals. Asbestos is now on the list that requires an assessment of risk. The EPA made another significant step towards a ban in 2019, when it released a final rule that strengthens the agency's capacity to stop asbestos-containing products from returning to the market.
Trade groups are trying to block the EPA from bans on asbestos. They argue that the ban on asbestos will affect the supply of chlorine in the country and claim that there are alternatives than asbestos. They have hired experts and consultants to help them build their argument. They are also turning to lawmakers with ties to asbestos.
This is a fight that our company has been involved in for more than 15 years. We are extremely proud to have fought alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to keep doing so until the EPA has banned this hazardous and deadly chemical in the United States. This is a significant move to ensure that no more Americans suffer the same fate as those millions of women and children who were diagnosed with mesothelioma.
How to Know if You Are Infected with Asbestos
Asbestos is a grouping of minerals that are naturally occurring and are formed into long, fine fibers. These materials are well-known for their flexibility, strength and resistance to chemicals and fire. These properties made these materials useful in a variety of industrial products including insulation.
Asbestos is utilized in a variety of household and building items. Some examples include floor tiles made of vinyl insulation for pipes and boilers in residential and commercial structures, and fake fireplace embers. Asbestos is also found in ceiling tiles, shingles, insulation for furnaces, pipes as well as other common building materials.
When asbestos is disturbed it releases harmful fibers into the air. Inhaled fibers can cause serious lung conditions like asbestosis or mesothelioma. These lung diseases have a long time of latency, and patients may not be able to recognize symptoms until 20 to 50 years after exposure.
Many people are concerned about asbestos in their homes. Asbestos in good condition is not likely to release fibers until it is agitated. Homeowners should examine the material for tears, abrasions or water damage. If the material appears to be slightly damaged or if you're planning to make changes to your home or disturb it in any way, you should consult an asbestos abatement specialist for a second inspection.
If asbestos is in good health there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can order a variety of tests to determine if you are experiencing symptoms linked to asbestos exposure.
The Occupational Safety and Health Administration requires private companies to protect their employees 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 connect with a contractor who can remove asbestos. Contact an environmental company to assess your home. They will test your home and conduct a thorough visual examination.
How to Get Asbestos Out
Asbestos can be safely removed provided that the appropriate precautions are followed. Asbestos removal should only be performed by professionals who are certified and trained in the proper handling of the material. If homeowner decides to eliminate asbestos from their home, they must adhere to all state and federal regulations. This includes properly covering all waste generated during the project and properly disposing of it. Incorrectly handling and disposing of asbestos could expose workers and the general public to asbestos-related diseases, including lung cancer and mesothelioma. To prevent this strict regulations have been enacted.
If asbestos is in good shape and isn't affected, it will not pose a health threat. It is recommended to have any ACM which will be disturbed during renovation or demolition inspected before you begin your work. This will enable the professional to determine if the material needs to be sprayed prior to starting any work. They will also ensure that it is treated, packaged, labeled, transported, and disposed of in compliance with the regulations of the government.
It is unlawful for anyone to work on asbestos without a valid license and those who break these regulations face severe penalties. If you suspect improper abatement has occurred on your property, contact the Occupational Safety and Health Administration or your local or state department of environmental quality.
To limit the release of fibers into the air, it's important to keep the material hydrated throughout the removal process. This can be accomplished by spraying the material with a mist of detergent and water prior to taking it away. After the asbestos is removed, it must be placed in large plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly identified as asbestos waste and disposed in a leak-proof vehicle.
Additionally small areas of asbestos in good condition can be covered with commercially-made products designed to make holes or seal the damage. These are available at stores which specialize in asbestos materials and safety items. For more details on how to properly cover and dispose of asbestos, see How to Remove Asbestos.
