8 Tips To Increase Your Asbestos Lawyer Game

Is Asbestos Legal?

Although asbestos remains banned, various legislative proposals that are incremental have churned through Congress. One of these proposals, 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.

In addition to mining businesses, property owners may also face liability for asbestos-related injuries. State laws differ but generally, property owners must ensure that their premises safe and inform workers of the potential hazards.

The Law

Asbestos is one of the naturally occurring minerals that were once a popular choice in the construction industry due to its fire-resistant chemical corrosion-resistant and insulate properties. However, inhaling asbestos fibers can lead to serious health problems, including lung cancer, mesothelioma and asbestosis. The symptoms can take anywhere from 15 to 30 years to develop after exposure. Even today, asbestos can be found in more than 3000 products. If you suspect your workplace or house may contain asbestos, a qualified inspector should be able to inspect the area. A professional can help determine what needs to be done if this material is present in your property and will work with an abatement professional should it be necessary.

It is possible to start an asbestos lawsuit against the maker of asbestos-containing products. It can be difficult to prove the defendant's guilt. In certain instances, victims may pursue damages based on a theory of strict liability. This type of claim doesn't require the four elements of negligence to be proved and instead relies on the fact that a product was inherently dangerous.

An asbestos lawyer can provide a clear explanation of strict liability, negligence and the different types and advise you if this theory is applicable in your situation. The law also requires employers to provide safe working conditions and safety education to employees. This obligation could extend to the owners of buildings where asbestos is used in the event that it is established that the buildings are used by third party employees.

Many asbestos manufacturers escaped liability through bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" which compensate victims of injuries pennies on the dollar of past losses. The system is criticized for its lack of transparency, and because it doesn't cover future compensation.

To protect the public, Congress has considered but failed to approve legislation that would create a $140 billion asbestos trust fund to replace litigation. The legislation would have used funds held by bankruptcy trusts and insurance companies to pay compensation. However, it didn't receive the support of victim advocates and corporations.

Is Asbestos Banned in the U.S.?

Many Americans might have believed that asbestos was prohibited because it's no longer a widely used building material. However the United States is one of the few industrialized nations which does not prohibit asbestos, despite the fact that asbestos has been linked to cancer in any amount. Our lawyers and the international anti-asbestos campaign continue to fight every day on this issue.

In 1989 the year 1989, EPA issued a regulation that prohibits the importation, production and processing of asbestos-containing products. Chemical industry filed a lawsuit, and the court upheld the majority of the ban. Asbestos is still used in some manufacturing processes. It is legal for companies to import the substance and purchase it from mining companies.

In 2016, Congress amended the Toxic Substances Control Act and provided the EPA more leverage to regulate dangerous chemicals. Asbestos is now on the list that requires an assessment of risk. In the year 2019, EPA made a significant step towards the ban when it issued an ordinance that strengthened the agency's capabilities to prevent asbestos-containing products from resurfacing on the market.

However, trade groups continue to stop the EPA's plan to stop asbestos from being used in construction. They claim that a ban on asbestos would be a threat to the supply of chlorine in the United States and argue that there are safer options in place of asbestos. They have hired consultants and experts to aid them in making their argument. They are also reaching out to legislators with ties to asbestos.

Our company has been fighting this fight for more than 15 years. We are proud to be alongside our global partners in the International Ban Asbestos Secretariat, and we will continue to continue to do so until the EPA prohibits this harmful and deadly chemical in the United States. This is an important step in ensuring that other Americans will suffer the same fate as millions of women, men and children who have already been diagnosed with mesothelioma.

How to Tell if you have asbestos

Asbestos is an assortment of minerals that naturally occur and are organized into long, thin fibres. These minerals are regarded as being flexible, strong and resistant to fire and chemicals. These properties make them useful in a number of industrial products, such as insulation.

Asbestos is utilized in a variety of building and household items. Vinyl floor tiles, boiler and pipe insulation in commercial and residential building, and fake fireplace embers are some examples. Asbestos can also be found on shingles, ceiling tiles as well as insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed, it releases harmful fibers into the air. Inhaled fibers can cause serious lung diseases, such as asbestosis or mesothelioma. These illnesses can have a long time of latency and sufferers might not experience symptoms for a period of 20 to 50 years following 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 should inspect the material for tears, abrasions or water damage. If the material is slightly damaged or you are planning a renovation that could disturb it, you must consult an asbestos abatement expert to conduct a further examination.

If asbestos is in good shape there is no reason to eliminate it from your home. See your doctor if are worried about your health. They can order a variety of 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 exposure to asbestos. In addition the laws of the state require public employees to receive the same protections. If you work in a public building that is exposed to asbestos, your employer must provide information on how to contact an asbestos removal contractor. Contact an environmental inspection company to assess your home. The experts can inspect your home and conduct a detailed visual examination.

How to Remove Asbestos

Asbestos is safe to remove provided the proper precautions are taken. Asbestos removal should be performed by professionals who are certified and trained in the proper handling of the material. If a homeowner decides to remove asbestos-containing materials from their home, they must adhere to the federal and state regulations for how the work is done. This includes covering all waste generated during the project and properly disposing of it. Unsafe handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related diseases such as mesothelioma and lung disease. This is the reason strict regulations are in place to stop this from happening.

Asbestos that is in good shape and will not be disturbed may not pose a health risk. It is recommended to have any ACM which will be disturbed during renovation or demolition checked prior to when you begin the work. This will enable the professional to determine whether the material must be abated before starting any work and will also ensure that it is properly handled, packaged, labeled, transported, and disposed of in compliance with government regulations.

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

During the removal of asbestos, the material should be kept moist constantly to minimize the release of airborne fibers. Spraying the asbestos prior removing it with a water/detergent spray will aid in this. Once asbestos has been removed, it needs to be placed in thick plastic bags or tarps which are double-wrapped and sealed by tape. This material must be clearly identified as asbestos waste, and disposed in a leak-proof car.

You can also cover small areas of asbestos that are in good condition using commercial products that fill in holes and seal any damage. They are available in stores that specialize in asbestos products and safety products. Check out How to Get Asbestos Out for more information about how to cover and dispose of asbestos properly.