20 Asbestos Lawyer Websites Taking The Internet By Storm

Is Asbestos Legal?

Congress has approved several incremental legislation plans despite the fact asbestos is still banned. One of them is the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's priority list of chemicals for risk assessment and review.

Property owners are also accountable for asbestos-related injuries, in addition to mining companies. Laws vary state-to-state however, generally property owners must keep their structures safe and inform workers of any dangers that could be present.

The Law

Asbestos is one of the naturally occurring minerals that were once used in construction due to its fire-resistant, chemical corrosion-resistant, and insulate properties. Inhaling asbestos fibers it can cause serious health problems, including asbestosis, lung cancer, and mesothelioma. The symptoms can take between 15 and 30 years to appear after exposure. Even in the present, asbestos is found in over 3,000 different products. If you believe your home or workplace may contain asbestos, a licensed inspector should check the area. A professional can determine what steps to take should asbestos be present in your workplace or home and can work with a contractor should it be necessary.

You can bring a lawsuit against the manufacturer when they produce asbestos-containing products. It is often difficult to prove the fault of a defendant. In some cases, the victims might be able seek damages under the theory of strict liability. This type of claim eliminates any need to prove four elements of negligence, and is based on the fact that the product was intrinsically dangerous.

An asbestos lawyer can explain strict liability, negligence, and the various types of negligence and inform you if this theory is applicable to your particular situation. The law also requires that employers provide secure working conditions and safety training to employees. This obligation could be extended to owners of buildings who use asbestos if they are aware that employees from other companies will be using those buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do this are required to create "bankruptcy funds" which pay injured victims pennies for their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it does not cover workers' future compensation.

In an effort to safeguard the public, Congress has considered but did not pass legislation to establish 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 for compensation. However, it didn't get the support of victims advocates and corporations.

Is Asbestos Banned in the U.S.?

Asbestos is no longer a common ingredient in construction materials, and a lot of Americans might have believed the mineral was prohibited. The United States is one the few industrialized countries that do not ban asbestos despite its well-known cancer-causing properties. This is a matter that our lawyers and the rest of the world's anti-asbestos case movement continue to work on each day.

The first step towards a ban came in 1989 when the EPA issued a rule banning the production, importation, and processing of the majority of asbestos-containing products. Chemical industry filed a lawsuit, and the court reversed the majority of the ban. Asbestos is still being used in a variety of manufacturing processes, and it's still legal for companies to purchase the material from mining operations and import it to use for other purposes.

In 2016, Congress changed the Toxic Substances Control Act and gave the EPA more leverage to regulate hazardous chemicals. Asbestos has been added to the list that requires an assessment of risk. The EPA took a further step toward a ban in 2019, when it released a final rule that strengthens the agency's ability to prevent asbestos-containing items from returning to the market.

Trade groups continue to stop the EPA's plan to ban asbestos. These groups claim that a ban will affect the supply of chlorine in the country and argue that there are safer alternatives to asbestos. They have hired experts and consultants to help them build their case. They are also turning to legislators with ties to asbestos.

Our firm has been fighting this battle 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 do 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 men, women and children who have already been diagnosed with mesothelioma.

How to Tell if You Have Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These minerals are renowned for their flexibility, strength and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products, including insulation.

Because asbestos is so versatile, it is used in a range of household and building items. Examples include floor tiles made of vinyl as well as insulation for pipes and boilers in commercial and residential structures, and fake fireplace embers. Asbestos is also present in ceiling tiles, shingles, insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed, it releases dangerous fibers into the atmosphere. Inhaling these fibers can lead to serious lung diseases, such as mesothelioma or asbestosis. These illnesses 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 about asbestos in their homes. Asbestos in good condition is unlikely to release any 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 renovation that could affect it, you must consult with an asbestos removal specialist to conduct a further inspection.

If asbestos is in good health, there is no need to get rid of it. If you are concerned about your health, you should consult a physician. They can order various tests to determine if you have symptoms related to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers to protect their employees from exposure to asbestos. Additionally states' laws require public employees to be provided with the same protections. If you work in an asbestos-containing structure the employer has to provide you with information on how to contact 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 Remove Asbestos

Asbestos can be safely removed, as long as the proper precautions are taken. As a result, asbestos removal should be left to professionals who are licensed and trained in the proper handling and disposal of the substance. If a homeowner decides to remove asbestos from their home, they must comply with all federal and state regulations. This involves properly covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos can put workers and the general public at risk of developing asbestos-related illnesses like mesothelioma cancer or lung disease. This is why strict rules are in place to prevent this from occurring.

If asbestos is in good condition and has not been disturbed, it should not cause health risks. However, it is advised that you have any ACM which is affected by demolition or renovation inspected by an asbestos expert prior to beginning the work. This will enable a professional to determine whether the material requires removal prior commencing any work. It will also ensure that it is handled properly, packed, labeled, and transported in accordance with the guidelines of the government.

It is unlawful for anyone to work with asbestos without a permit, and those who violate these rules face large fines. If you suspect improper abatement is taking place on your property or in the vicinity, you must contact the Occupational Safety and Health Administration or your county or the state department of environmental health.

To limit the release of fibers into the air, it's important to keep the material damp during the removal process. Spraying the material before getting rid of it using a detergent or water spray can aid in this. After the asbestos has been removed, it should be placed in heavy plastic bags or tarps that are double-wrapped and sealed by tape. The material should be clearly marked as asbestos waste and disposed of in a leak-proof vehicle.

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