See What Asbestos Lawyer Tricks The Celebs Are Using

Is Asbestos Legal?

Although asbestos remains banned, several legislative proposals with incremental provisions have been passed through Congress. One of them is 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.

Property owners are also liable for asbestos-related injuries, as are mining companies. The laws vary from state to state but generally, property owners are required to ensure their buildings are safe and warn workers of any possible dangers.

The Law

Asbestos is a variety of naturally occurring minerals. It was previously used in construction as it was fire-resistant as well as chemical corrosion resistant and insulates. Inhaling asbestos fibers, however, can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. After exposure, symptoms may appear 15-30 years later. Even today, asbestos is still found in over 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 help determine what steps to take when asbestos is found within your home or workplace and collaborate with an abatement contractor should it be necessary.

It is possible to file an asbestos lawsuit against the producer of asbestos-containing products. It isn't always easy to prove that a defendant's negligence is the cause. In some instances, victims may be able to seek damages under the theory of strict liability. This type of claim removes the requirement to prove the four elements of negligence and relies instead on the fact that the product was dangerous.

An asbestos lawyer can provide a clear explanation of the strict liability, negligence and the various types of liability and tell you on the possibility of applying this theory to your particular situation. Employers are also required to offer safe working conditions for their employees as well as adequate education in safety. This obligation may extend to the owners of buildings where asbestos is used if it is known that the buildings are used by third party employees.

Many asbestos manufacturers escaped liability by filing for bankruptcy protection. Companies that do this are required to create "bankruptcy funds" which pay injured victims pennies on their past losses. The system is criticized for its lack of transparency, and because it does not provide future compensation.

In an effort to protect the public, Congress has considered but failed to approve legislation that would create an asbestos trust fund of $140 billion fund to compensate victims of litigation. This legislation would have taken funds reserved by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned In The U.S.

Asbestos is not as prevalent in building materials, and some Americans might have believed the mineral was banned. However it's true that the United States is one of the few industrialized countries that do not have a ban on asbestos, despite the fact that it's known to cause cancer in any amount. Our lawyers and the rest the world's anti-asbestos activists continue to work every day on this issue.

In 1989 in 1989, the EPA issued a rule which prohibited the manufacture, importation and processing of asbestos-containing products. However chemical companies sued and the court reversed the majority of the ban. Asbestos remains utilized in certain manufacturing processes, and it's legal for companies to purchase the product from mining operations and then import it for different purposes.

In 2016, Congress updated Toxic Substances Control Act, giving the EPA more power to regulate dangerous chemicals. Asbestos was added to the list of chemicals which require a risk assessment. In the year 2019, EPA took a major step towards a ban when it released a rule that strengthened the agency's capacity to stop asbestos-containing products from resurfacing on the market.

Trade groups continue to stop the EPA's efforts to stop asbestos from being used in construction. The trade groups argue that a ban will affect the chlorine supply in the country and claim that there are safer alternatives to asbestos. They have hired experts and consultants to help make their case, and they are turning to lawmakers who have ties to the asbestos industry.

Our company has been fighting this fight for more than 15 year. We are incredibly proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to join until the EPA is able to ban this dangerous and deadly substance in the United States. This is an important step to ensure that no other Americans will be afflicted with the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to tell if you Have Asbestos

Asbestos is a class of naturally occurring minerals that are arranged in thin, long fibers. These minerals are renowned for their strength, flexibility and resistance to chemical and fire. These properties made these materials useful in a variety of industrial products such as insulation.

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

When asbestos is disturbed it releases dangerous fibers into the air. Inhaling these microscopic fibers can enter the lungs and cause serious lung diseases like asbestosis and mesothelioma. These diseases have a lengthy period of time before they manifest, and the victims may not experience symptoms until 20 to 50 years after exposure.

Many people worry that they have asbestos in their homes. In most cases asbestos in good condition will not release fibers unless disturbed. Examine the material for water damage, abrasions, or tears. If the material appears to be slightly damaged or if you're planning to remodel your home and alter it in any way, you should consult an asbestos removal expert for a further inspection.

If asbestos law is in good condition, there is no need to eliminate it. Consult your physician if you are worried about your health. They can perform a variety of tests to see whether you are suffering from symptoms associated with asbestos exposure.

Private employers are required by the Occupational Safety and Health Administration to shield their employees from exposure to asbestos. In addition the state laws require public employees to be provided with the same protections. If you work in an asbestos-containing building your employer is required to provide you with information on how to reach a contractor who can remove asbestos. Contact an environmental company to evaluate your home. The experts can test and visually inspect your home.

How to Get Asbestos Out

Asbestos is a safe material to remove, provided that the proper precautions are taken. Asbestos removal should be done by professionals who are certified and trained in the proper handling of the substance. If a homeowner chooses to remove asbestos from their house, they must comply with state and federal regulations regarding how the work is carried out. This includes covering any waste generated during the process and properly disposing it. Unsafe handling and disposal of asbestos can expose people and workers to asbestos-related diseases, such as lung cancer and mesothelioma. This is why strict regulations are in place to prevent this from occurring.

Asbestos that is in good condition and can't be disturbed may not pose any health risks. However, it is highly recommended that you have any ACM which is affected through demolition or renovations examined by an asbestos professional before starting the work. This will enable a professional to determine if the material needs to be removed prior to starting any work. It will also make sure that it is handled wrapped, labeled, and transported according to the guidelines of the government.

Anyone who works with asbestos without a permit is in violation of the law and those who violate it face severe fines. If you suspect improper abatement is taking place on your property, contact the Occupational Safety and Health Administration or your local or the state department of environmental quality.

To reduce the release of fibers into air, it is important to keep the material wet during the removal process. Spraying the material before removal with a detergent or water spray will help achieve this. Once the asbestos is removed, it should be stored in plastic bags or tarps double-wrapped and sealed with tape. The material should be clearly identified as asbestos waste and disposed in a leak-proof vehicle.

You can also cover small areas of asbestos that are in good condition using commercial products that can fill holes and seal damages. These products are available in stores that specialize in asbestos materials and safety equipment. For more details about how to remove asbestos, see How to Remove Asbestos.