Why Everyone Is Talking About Asbestos Lawyer Right Now

Is Asbestos Legal?

Although asbestos is still banned several incremental legislative proposals have been passed through Congress. One of them proposals, the Frank R. Lautenberg Chemical Safety for the 21st Century Act added asbestos to EPA’s priority list of chemicals for risk assessment and review.

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

The Law

Asbestos can be described as a variety of naturally occurring minerals. It was once used in construction as it was fire-resistant as well as chemical corrosion resistant and insulation. However, inhaling asbestos fibers can lead to serious health problems including mesothelioma, lung cancer, and asbestosis. The symptoms can take anywhere from 15 to 30 years to appear after exposure. Even in the present, asbestos can be found in more than 3,000 products. A certified inspector should examine your home or work place in the event that you suspect it could contain asbestos. A professional can tell you what to do when asbestos is found in your workplace or at home and work with a contractor when needed.

It is possible to file an asbestos lawsuit against a manufacturer of asbestos-containing products. It is often difficult to prove the fault of a defendant. In certain instances, victims can claim damages under a theory of strict liability. This type of claim eliminates the requirement to prove the four elements of negligence and is based on the fact that the product is inherently dangerous.

An asbestos lawyer can explain strict liability, negligence, and the various types of liability and tell you if this theory is applicable in your case. The law also requires employers to provide safe working conditions as well as adequate safety training for their employees. This requirement can be extended to property owners who employ asbestos, if they are aware third-party employees will use those buildings.

Many asbestos manufacturers avoided liability by filing for bankruptcy protection. Businesses that do this must fund special "bankruptcy trusts" which pay injured victims pennies on the dollar of their past losses. This system has been criticized due to its lack of transparency and the fact that it doesn't provide workers with future compensation.

Congress looked at but failed to pass, legislation that would have created the $140 billion trust fund for asbestos in lieu of litigation. The legislation would have used the funds of bankruptcy trusts and insurance companies for compensation. It was not supported by corporations or victim advocates.

Is Asbestos Banned in the U.S.?

Many Americans may have thought that asbestos was banned because it is not a typical building material. The United States is one the few industrialized countries that do not prohibit asbestos despite its well-known cancer-causing properties. This is an issue our lawyers and the international anti-asbestos campaign continue to work on each day.

The first step toward a ban came in 1989 when the EPA issued a rule banning the manufacturing, importation and processing of most asbestos-containing products. Chemical companies filed a lawsuit and the court ruled in favor of the majority of the ban. Asbestos is still utilized in some manufacturing processes. It is legal for businesses to import the material and purchase it from mining operations.

In 2016 Congress updated the Toxic Substances Control Act, giving the EPA greater authority to regulate hazardous chemicals. Asbestos was added to the list of substances that require a risk evaluation. In the year 2019, EPA took a major step towards an asbestos ban when it published a rule that strengthened the agency's capabilities to prevent asbestos-containing product from returning to the marketplace.

Trade groups are attempting to stop the EPA from banning asbestos. They argue that a ban on asbestos would threaten the country's chlorine supply and claim that there are better alternatives than asbestos. They have hired experts and consultants to aid them in making their argument. They're also reaching out to legislators with ties to asbestos.

This is a fight that our firm has been involved in for more than 15 years. We are proud to have stood with our global partners in the International Ban Asbestos Secretariat, and we will continue to do so until the EPA is able to ban this dangerous and deadly substance in the United States. This is a major move to ensure that there are no more Americans suffer the same fate as those millions of men women and children who were diagnosed with mesothelioma.

How to tell if you have Asbestos

Asbestos is minerals that occur naturally and are formed into long, fine fibers. They are known for being tough, flexible and resistant to chemicals and fire. These qualities make them ideal in a number of industrial items, including insulation.

Asbestos is used in many different types of household and building products. Vinyl floor tiles as well as boiler and pipe insulation in residential and commercial construction, and fake fireplace embers are but a few examples. Asbestos can also be found on shingles, ceiling tiles, insulation for furnaces and pipes in schools, and many other common building materials.

When asbestos is disturbed it releases harmful fibers into the air. Inhaling asbestos fibers can result in serious lung diseases such as asbestosis or mesothelioma. These diseases may be long-lasting and sufferers may not be symptomatic for a period of 20 to 50 years following exposure.

Many people are concerned about asbestos in their home. Asbestos in good health is unlikely to release fibers until it is agitated. Be sure to inspect the material for water damage, abrasions, or tears. If the material appears slightly damaged or if you intend to remodel your house and disturb it in any way, you should seek out an asbestos abatement professional to conduct a more thorough inspection.

If asbestos is in good shape there is no need to eliminate it. If you are concerned about your health, consult a doctor. They can order a variety of tests to determine whether you suffer from symptoms linked to exposure to asbestos.

The Occupational Safety and Health Administration requires private employers 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 a public establishment that is exposed to asbestos, your employer should provide information on how to contact an asbestos abatement contractor. You should also contact an environmental inspection firm to evaluate your home. They will test and visually inspect your home.

How to Get Asbestos Out

Asbestos removal is secure if you take the proper precautions. This is why asbestos removal should be left to professionals who are licensed and educated in the proper handling and disposal of the material. If a homeowner chooses to eliminate asbestos materials from their home, they must abide by federal and state regulations on how the work is done. This involves properly covering and disposing of all waste from the project. Improper handling and disposal of asbestos could put workers and the general public at risk of developing asbestos-related ailments such as mesothelioma and lung disease. To prevent this strict regulations have been put in place.

Asbestos in good health that will not be disturbed may not pose any health risk. It is recommended to have any ACM that will be disturbed during renovation or demolition inspected prior to start the work. This will let the professional know whether the material should be removed prior to beginning any work and will also ensure that it is handled, packed, labeled, transported, and disposed of in accordance to the rules of the government.

Anyone who works with asbestos without a permit violates the law. Those who break it are subject to heavy penalties. If you suspect that asbestos was not properly removed from your property or building, contact your local or state environmental quality department or the Occupational Safety and Health Administration.

During the removal of asbestos, the material needs to be kept wet constantly to minimize the release of airborne fibers. Spraying the asbestos prior removal with a detergent or water spray can aid in this. Once the asbestos has been removed, it needs to be put into plastic bags or tarps which are double-wrapped with tape. The material should be clearly identified as asbestos waste and then disposed in a leak-proof car.

Alternatively, small areas of asbestos that are in good condition can be covered with commercially-made products designed to fill holes and seal damage. These are sold at stores which specialize in asbestos materials and safety items. For more information about how to remove asbestos, see How to Remove Asbestos.