Your Family Will Be Thankful For Having This Asbestos Lawyer

Is Asbestos Legal?

Congress has approved several incremental legislations despite the fact asbestos is still banned. One of these proposed legislations, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to an EPA priority list of chemicals to be evaluated for risk and review.

Property owners are also responsible for asbestos-related injuries, as are mining companies. The laws vary from state to state however, in general, property owners must ensure that their buildings safe and notify workers of the potential hazards.

The Law

Asbestos is a group of naturally occurring minerals that once were popular in construction due to its fire-resistant, chemical corrosion-resistant properties and its insulate capabilities. However, inhaling asbestos fibers can lead to serious health problems, including mesothelioma, lung cancer, and asbestosis. After exposure, symptoms can appear 15-30 years later. Even today, asbestos can be found in more than 3000 products. If you are concerned that your home or workplace may contain asbestos, a licensed inspector should be able to inspect the area. A professional can help determine what must be done when asbestos is found on your property and asbestos legal collaborate with an abatement company when needed.

It is possible to file 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 seek damages under a theory of strict liability. This type of claim eliminates any need to prove four elements of negligence, and relies instead on the fact that the product was dangerous.

An asbestos lawyer can explain the various types of strict liability and negligence and can advise on whether this theory applies to your case. Employers are also required to provide safe working conditions to their employees as well as adequate education in safety. This requirement can also apply to owners of buildings where asbestos is utilized in the event that it is established that those buildings will be used by employees of a third party.

Many asbestos manufacturers escaped the risk of liability by filing for bankruptcy protection. Companies who comply with this procedure are required to fund "bankruptcy funds" that pay injured victims pennies on the dollars of their losses in the past. This system has been criticized due to its lack of transparency and the fact that it does not provide workers with future compensation.

In an effort to safeguard the public, Congress has considered but failed to approve legislation that would establish an asbestos trust fund of $140 billion fund to replace litigation. This bill would have taken money kept in reserve by bankruptcy trusts, manufacturers and insurance companies to pay victims. It was not supported by victims' advocates or corporations.

Is Asbestos Banned in the U.S.?

Asbestos is not as prevalent in building materials, and many Americans might have believed that the mineral was banned. The United States is one the few industrialized nations that do not prohibit asbestos despite its known cancer-causing properties. Our lawyers and the rest the international anti-asbestos campaign continue to fight every day on this issue.

In 1989, the EPA issued a regulation that prohibits the importation, production and processing of asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still used in certain manufacturing processes. It's legal for companies to import the material and buy it from mining companies.

In 2016, Congress updated the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos has been added the list of chemicals that require a risk assessment. The EPA took another major step toward a ban in 2019 when it issued a final rule that bolsters the agency's capacity to stop asbestos-containing products from resurfacing on the market.

However, trade groups continue to block the EPA's effort to prohibit asbestos. They argue that the ban on asbestos will threaten the country's chlorine supply and claim that there are safer options than asbestos. They have hired experts and consultants to make their case and are now looking to lawmakers who are connected to the asbestos industry.

This is a battle our company has been involved in for over 15 years. We are proud of our work in the International Ban Asbestos Secretariat and will continue to be involved until the EPA eliminates the deadly and dangerous substance in the United States. This is a crucial step in ensuring that other Americans will suffer the same fate as millions of men, women and children who have been diagnosed with mesothelioma.

How to determine if you have Asbestos

Asbestos is a class of naturally occurring minerals that are placed in long, thin fibers. These materials are known as being strong, flexible and resistant to fire and chemicals. These properties made them useful in a number of industrial products, like insulation.

Because asbestos is so versatile, it is used in a wide range of household and building items. Some examples include vinyl floor tiles, pipe insulation and boilers in residential and commercial buildings, as well as fake fireplace embers. Asbestos is also present in shingles, ceiling tiles and insulation for furnaces and pipes in schools, as well as numerous other building materials that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. When inhaled, the microscopic fibers could enter the lungs and cause severe lung diseases such as asbestosis and mesothelioma. These illnesses may have a long time of latency and sufferers may not notice symptoms for up to 20 years after exposure.

Many people worry that they might have asbestos in their home. In most cases asbestos in good condition will not release fibers unless they are disturbed. Check the material for water damage, abrasions or tears. If the material appears to be slightly damaged or if you intend to renovate your home and alter the material in any way, you should consult an asbestos abatement specialist for a further inspection.

If asbestos is in good condition, there is no need to get rid of it. See your doctor if are concerned about your health. They can order a variety of tests to determine if you suffer from symptoms relating to asbestos exposure.

The Occupational Safety and Health Administration requires private companies to protect their workers from exposure to asbestos. Additionally the laws of the state require public employees to receive the same protections. If you are employed in an asbestos-containing facility your employer must provide you with details on how to contact a contractor who can remove asbestos. Contact an environmental company to examine your home. These professionals can test your home and conduct a detailed visual examination.

How to Get Asbestos Out

Asbestos can be safely removed as long as the proper precautions are followed. Asbestos removal must be done by experts who are certified and trained in the proper handling of the substance. If a homeowner chooses to eliminate asbestos materials from their house, they must comply with federal and state regulations on how the work is done. This includes covering up all waste generated by the project and disposing it. Unsafe handling and Asbestos Legal disposal of asbestos could expose workers and the public to asbestos-related diseases, including lung cancer and mesothelioma. This is why strict rules are in place to stop this from occurring.

Asbestos that is in good shape and will not be disturbed may not pose any health risk. It is recommended to have any ACM that is likely to be disturbed during renovations or demolition inspected before you begin the work. This will allow an expert to determine if the material requires removal prior beginning any work. It also helps ensure it is handled wrapped, labeled, and transported in compliance with the guidelines of the government.

It is illegal for anyone to work in asbestos without a license anyone who is in violation of the rules are subject to severe fines. If you suspect that improper abatement occurred on your property, call 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's important to keep the material wet during the removal process. Spraying the asbestos prior to removal with a detergent or water spray will help achieve this. After the asbestos is removed, it has to be placed into thick plastic bags or tarps which are double-wrapped with tape. This material must be clearly labeled as asbestos waste, and disposed in a leak-proof car.

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