Why Asbestos Lawyer Is Right For You?

Is Asbestos Legal?

Congress has passed a number of incremental legislation proposals despite the fact asbestos is still banned. One of these, the Frank R. Lautenberg Chemical Safety for the 21st Century Act included asbestos in the EPA's list of priority chemicals to be reviewed and assessed for risk.

Property owners are also liable for asbestos-related injuries, in addition to mining companies. The laws vary from state to state but generally property owners are obliged to keep their properties safe and inform employees of any risks that might be present.

The Law

Asbestos is a group of naturally occurring minerals that were once used in the construction industry due to its fire-resistant chemical corrosion-resistant, and insulate properties. However, inhaling asbestos fibres can lead to serious health issues like mesothelioma, lung cancer, and asbestosis. The symptoms may take 15 to 30 years to show up after exposure. Even today, asbestos can be found in more than 3,000 products. If you think your workplace or house may contain asbestos, an experienced inspector should examine the area. A professional can tell you what you should do should asbestos be found in your workplace or at home and will work with a contractor in the event of need.

You can file a lawsuit against the manufacturer when they produce asbestos-containing products. It is often difficult to prove a defendant's fault. In certain instances, victims may claim damages under a theory of strict liability. This type of claim does not require the four elements of negligence to be established, but instead rely on the fact that the product was inherently dangerous.

An asbestos lawyer can provide information on the different kinds of strict liability and negligence and will be able to advise you if this theory is applicable to your particular situation. Employers are also required to provide safe working conditions to their employees as well as adequate training in safety. This obligation can be extended to owners of buildings who use asbestos if they know that third-party employees will use the buildings.

Many asbestos producers avoided the risk of liability by filing for bankruptcy protection. Companies that do so must fund special "bankruptcy trusts" that pay victims of injury pennies on the dollar of their previous losses. The system is criticized for its inconsistency of the system, and because it does not provide future compensation.

Congress was able to consider, but did not pass legislation that would have created the $140 billion trust fund for asbestos instead of pursuing litigation. The bill would have taken money kept in reserve by manufacturers, bankruptcy trusts and insurance companies to pay victims. However, it did not get the support of victim 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's not a typical building material. The United States is one the few industrialized nations that do not ban asbestos despite its well-known cancer-causing properties. This is an issue that our lawyers and the rest of the international anti-asbestos movement continue to tackle every single day.

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

In 2016, Congress amended the Toxic Substances Control Act, giving the EPA greater power to regulate dangerous chemicals. Asbestos has been added to the list of substances that require a risk assessment. In the year 2019, EPA made a significant step towards the ban when it issued an act that strengthened the agency's capacity to stop asbestos-containing product from returning to the marketplace.

Trade groups are trying to block the EPA from bans on asbestos lawsuit. The trade groups argue that a ban will affect the supply of chlorine in the country and claim that there are alternatives that are more secure than asbestos. They have hired experts and consultants to help present their arguments and are now looking to legislators who have ties to asbestos companies.

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

How to determine if you have asbestos

Asbestos is one of the naturally occurring minerals that are arranged in long, thin fibers. These minerals are renowned for their strength, flexibility and resistance to fire and chemicals. These qualities made them useful in a variety of industrial products, including insulation.

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

When asbestos is disturbed, it releases dangerous fibers into the air. Inhaling the fibers can trigger serious lung diseases like mesothelioma or asbestosis. These diseases can have a long time of latency and patients may not show symptoms for 20 to 50 years after exposure.

Many people are concerned that they have asbestos in their homes. 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 to be damaged or you are planning a remodel which could impact it, you should consult with an asbestos abatement specialist for further inspection.

If asbestos is in good shape, there is no reason not to remove it from your home. Consult your doctor if you are concerned about your health. They can order various tests to determine if there are symptoms that are related to asbestos exposure.

The Occupational Safety and Health Administration requires private employers to shield their workers from exposure to asbestos. State laws also require that public employees receive the same protection. If you are employed in a public establishment that is exposed to asbestos, your employer should give you information on how to contact an asbestos abatement contractor. Contact an environmental company to assess your home. They will examine and test your home.

How to Get Asbestos Out

Asbestos removal is safe if you take the proper precautions. Asbestos removal must be done by professionals who are trained and licensed in the proper handling of the substance. If homeowner decides to take away asbestos from their home, they must comply with all federal and state regulations. This includes covering and disposing of any waste from the project. Unsafe handling and disposal of asbestos could put workers as well as the general public at risk of contracting asbestos-related diseases like mesothelioma, cancer, and lung disease. This is the reason strict regulations are in place to stop this from occurring.

If asbestos is in good condition and isn't affected, it will not pose a health risk. It is however recommended that you have any ACM that is likely to be affected by renovation or demolition inspected by an asbestos expert prior to beginning the work. This will permit the professional to determine whether the material requires to be removed prior to beginning any work and will also ensure that it is treated, packaged and labeled before being transported and then disposed of in accordance with government regulations.

It is illegal for anyone to work in asbestos without a license Anyone who does not comply with these rules can face substantial fines. If you suspect that an 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.

When removing asbestos, the material should be kept wet all the time to limit the release of airborne fibers. This can be accomplished by spraying the material with a water/detergent mist before taking it away. After the asbestos is removed, it needs to be stored in plastic bags or tarps that have been double-wrapped and sealed with tape. This material must be clearly identified as asbestos waste and then disposed of in a leak-proof vehicle.

Additionally small areas of asbestos that are in good condition can be covered with commercial products that are designed to fill holes and seal any damage. These are available at stores which specialize in asbestos materials and safety items. For more information on how to properly cover and dispose of asbestos read How to Remove Asbestos.