How To Tell If You re Ready To Go After Asbestos Lawyer

Is Asbestos Legal?

Although asbestos is still banned, several incremental legislative proposals have been tossed around Congress. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos on the EPA's top list of chemicals to be considered for risk assessment and review.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. Laws vary state-to-state however, in general, property owners must ensure that their structures safe and inform workers of the potential hazards.

The Law

Asbestos is a range of minerals that are naturally occurring. It was once used in construction as it was fire resistant, chemical corrosion resistant and insulation. Inhaling asbestos fibers it can cause serious health issues, including lung cancer, asbestosis, and mesothelioma. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even today, asbestos can be found in more than 3000 products. A certified inspector should examine your home or work place if you suspect that it might contain asbestos. A qualified professional can help you decide what you should do if asbestos is present in your workplace or at home and work with a contractor should it be necessary.

You can file a lawsuit against the manufacturer if they produce asbestos-containing products. However, proving a defendant's negligence may be a challenge. In some instances, the victims can seek damages under a theory of strict liability. This type of claim removes 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 the strict liability, negligence and the different types of liability and help whether this theory applies in your situation. Employers are also required to provide safe working conditions for their employees and adequate training in safety. This obligation can be extended to building owners who use asbestos, if they are aware employees from other companies will be using those buildings.

Many asbestos producers avoided liability through bankruptcy protection. Businesses that do this have to fund special "bankruptcy trusts" which pay victims pennies on the dollar of their previous losses. This system has been criticized due to its lack of transparency as well as the fact that it doesn't guarantee future compensation for workers.

Congress looked at, but did not pass legislation that would have created an $140 billion trust fund for asbestos claim in lieu of litigation. The legislation would have taken funds that were held in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it did not get the support of victims 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 no longer a commonly used building material. However it is true that the United States is one of the few industrialized nations that does not ban asbestos, despite the fact that asbestos is known to cause cancer in any quantity. Our lawyers and the international anti-asbestos campaign continue to work every day on this issue.

The first step towards the ban was in 1989, when the EPA issued a regulation prohibiting the production, importation and processing of all asbestos-containing products. Chemical companies filed a lawsuit and the court overturned the majority of the ban. Asbestos is still used in certain manufacturing processes. It is legal for businesses to import the material and buy it from mining companies.

In 2016 Congress amended the Toxic Substances Control Act, giving the EPA more authority to regulate dangerous chemicals. Asbestos has been added to the list that requires an assessment of risk. In 2019, the EPA took a major step towards a ban when it released an order that bolstered the agency's abilities to prevent asbestos-containing products from returning to the market.

However, trade groups are once again trying to stop the EPA's plan to prohibit asbestos. These groups claim that a ban would jeopardize the country's supply of chlorine and argue that there are safer alternatives to asbestos. They have hired consultants and experts to assist them in making their argument. They are also turning to lawmakers with ties to asbestos.

Our firm has been fighting this battle for more than 15 years. We are proud of our involvement with the International Ban Asbestos Secretariat and will continue to participate until the EPA bans the dangerous and deadly substance in the United States. This is an important step in ensuring that there is no longer a chance for Americans suffer the same fate as millions of men women and children who were diagnosed with mesothelioma.

How to Know if You Are Suffering from Asbestos

Asbestos is one of the naturally occurring minerals that are placed in thin, long fibers. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These qualities made them useful in a range of industrial products including insulation.

Asbestos can be found in many different types of building and household items. Examples include floor tiles made of vinyl, pipe insulation 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 that are commonly used.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases like asbestosis or mesothelioma. These diseases may be long-lasting and sufferers may not show symptoms for 20 to 50 years after exposure.

Many people are worried that they might have asbestos in their homes. Most of the time, asbestos in good state will not release any fibers unless disturbed. Homeowners must inspect the material for abrasions, tears or water damage. If the material is damaged or you are planning a remodel that could cause damage to it, you should consult an asbestos abatement expert to conduct an additional inspection.

If asbestos is in good condition there is no reason to remove it. If you are concerned about your health, consult a physician. They can order various tests to determine if you suffer from symptoms that are related to exposure to asbestos.

Private employers are required by the Occupational Safety and Health Administration to ensure their employees are protected from asbestos exposure. Additionally the laws of the state oblige public employees to have the same protections. If you work in a public place where you are exposed asbestos, your employer must provide information on how to contact an asbestos abatement contractor. You should also call an environmental inspector to examine your home. They will test your home and conduct a thorough visual inspection.

How to Remove Asbestos

Asbestos removal is secure if you take the right precautions. Because of this, asbestos removal should be left to professionals who are certified and licensed in the proper handling and disposal of the substance. If homeowner decides to eliminate asbestos from their home, they must comply with all state and federal regulations. This includes covering and removing all waste from the project. Incorrectly handling and disposing of asbestos can expose people and workers to asbestos-related diseases, such as lung cancer and mesothelioma. This is why strict guidelines are in place to stop this from happening.

If asbestos is in good condition and isn't damaged, it is unlikely to be a health risk. However, it is highly recommended that you have any ACM that could be affected by renovation or demolition inspected by an asbestos expert prior to beginning any work. This will allow a professional to determine if the material requires removal prior starting any work. It will also ensure that it is handled, packed, labeled and transported in accordance with the government regulations.

Anyone who uses asbestos without a permit is breaking the law. Those who break it face severe fines. If you suspect that an improper abatement has occurred on your property, call the Occupational Safety and Health Administration or your local or state department of environmental quality.

During the removal of asbestos, the material must be kept wet constantly to minimize the release of airborne fibers. Spraying the asbestos prior to removal with a detergent or water spray can aid in this. After the asbestos has been removed, it must be placed in heavy plastic bags or tarps that are double-wrapped with tape. This material must be clearly labeled as asbestos waste and disposed in a leak-proof vehicle.

You can also protect small areas of asbestos that are in good condition with commercial items that can fill holes and seal damages. These are available at shops that specialize in asbestos-related materials and safety equipment. For more information on how to properly remove asbestos Learn How to Remove Asbestos.